»j£1|3|3> 



THEIR DUTtltS, P»OWK«S 





Qassc/r j^> / 

Rnnk — ^~ b^> 



iqiEfl- 



INDIANA STATUTES 



Relating to 



TOWNSHIP TRUSTEES 

Concerning Their Duties, Powers and Prohibitions 



Issued by the 

STATE BOARD OF ACCOUNTS 



Gilbert H. Hendren, State Examiner 

Bert Winters, Deputy State Examiner 

Thomas H. Kuhn, Deputy State Examiner 



George M. Crane, Law Clerk 



Compiled by 

George Pence, field Examiner, and verified by 
George M. Crane, Law Clerk, of the Department 



jL 



INDIANAPOLIS : 

WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING 
1915 



\°t\S- 



D. of DJ 

'CT 5 I9J 



PREFACE. 



The offices of county commissioner and township trustee are 
two of the most important to the taxpayers of the State, for the 
reason that such officers expend for various purposes, as provided 
by law, practically three-fourths of the taxes paid by the tax- 
payers. Such officials should, therefore, know the law governing 
the expenditure of the various funds coming into their hands. 

The laws governing these two important offices have been com- 
piled by this department in separate volumes. The stupendous 
task of separating and compiling the laws pertaining solely to the 
duties of these officers and the elimination of all laws repealed 
directly or by implication has been performed by Mr. George 
Pence, an expert field examiner, with the assistance of and under 
the close scrutiny of Mr. George M. Crane, the legal clerk of this 
department. 

I believe that the information to be derived by such officials 
from these volumes will be of great value to them, and that the 
faithful compliance therewith by said commissioners and trustees 
will save the taxpayers of Indiana tens of thousands of dollars 
annually. 

A copy of the volume concerning the duties of both the county 
commissioners and township trustees will be mailed to each of 
the 276 county commissioners, the 92 county auditors and the 92 
county attorneys of the State. 

A copy of the volume concerning the duties only of township 
trustees will be mailed to each of the 1,016 township trustees of 
the State. 

G. H. HENDREN, 

State Examiner. 
State Board of Accounts, 

Indianapolis, Indiana, May 1, 1915. 



(3) 



TOWNSHIP TRUSTEE. 



FOREWORD. 

The intent of this compilation is to give the gist of all acts of the 
State governing the township trustee. 

Reference should be had to the statutes for more extended infor- 
mation. 

The number when used in the date line, of each section, herein, 
refers to the section in Burns' R. S. 1914. In a few cases it has been 
deemed wise to set out the act entire. 

EDITOR. 

CONSTITUTION. 

(Section 153.) 

1. Provisions for Township Officers. The Constitution of Indiana 
provides for the election or appointment of the necessary township 
officers, as may be prescribed by law. 

(Section 156.) 

2. Must reside and keep office in toAvnship. All county, township 
and town officers shall reside within their respective counties, town- 
ships and towns; and shall keep their respective offices at such places 
therein, and perform such duties as may be prescribed by law. 

(Section 2 20.) 

3. Limitation of township's indebtedness — Exceptions. By the 

provisions of the amendment to the Constitution of Indiana, adopted 
March 14, 1881, no municipality can incur an indebtedness, in any 
manner, in excess of two percentum on its taxable property. 

The only exceptions are in time of war, foreign invasion or other 
great public calamity, and then only on a petition of a majority of its 
property owners. 

(Section 225.) 

4. Tenure of office. Whenever it is provided by the constitution, 
or in any law, that any officer, other than a member of the general 
assembly, shall hold his office for a. given term, the same shall be con- 
strued to mean that said officer shall hold his office for such term and 
until his successor shall have been elected and qualified. 

LAYING OFF CIVIL TOWNSHIPS. 

(Acts 1859, p. 220, Sec. 9559.) 

5. How civil townships should be laid off. Boards of county 
commissioners in each county may lay off and divide the same into any 
number of townships that the convenience of the citizens may require, 

(5) 



§6 Township^Trtjstees. 6 

and may, from time to time; make such alterations in the number, 
names and boundaries of such townships as they may deem proper. 

(Acts 1859, p. 220, Sec. 9560.) 

6. Boundaries to be recorded. Descriptions of boundaries, 
alterations of boundaries and boundaries of new townships shall be 
entered at full length on the records of the board of commissioners. 

ELIGIBILITY LIMITED. 

(Acts 1899, p. 425, Sec. 9564.) 

7. Eligible to office, only four out of eight years. No person shall 
be eligible to the office of township trustee more than four years in any 
period of eight years. 

NUMBER OP TOWNSHIPS AND TRUSTEES. 

(Acts 1859, p. 181, Sec. 6404.) 

8. A corporation and a body politic. The ninety-two counties of 
Indiana contain 1,016 civil townships. Each township is declared to 
be a school township, and as such to be a body politic by the name of 

" school, township of 

county" according to the name of such township and of the county 
where organized. 

As such corporation it can contract and sue, and be contracted 
with and be. sued in any court of competent jurisdiction. 

Under the same act it is provided that each and every township 
(see Burns' R. S. Sec. 9562) that now is or may hereafter be organized 
in any county is declared a body politic and corporate, by the name 

and style of " township of county," according 

to the name of township and county in which the same may be organ- 
ized; and by such name it may contract and be contracted with, sue and 
be sued in any court having competent jurisdiction. 

TRUSTEE. 

(Section 6405.) 

9. Acts separately in township and school matters. For each 
township there is but one trustee, who, in the performance of his 
duties acts separately as trustee of the civil township and as trustee of 
the school township. 

TRUSTEES' BONDS — VACANCY. 

(Acts 1865, p. 3, Sec. 6406.) 
10. Auditor fixes amount, approves and accepts. The county 
auditor, in fixing the penalty and approving the bonds of township 
trustee, shall see to the sufficiency of the bonds to secure the school 
revenues, which may come into their hands, as well as the township 
and other revenues, during their term. 



7 Township Trustees. §10a 

(Acts 1915, p. 126.) 
10a. Official bond. Before entering upon the duties of his office 
the trustee of every township shall execute a bond conditioned as in 
ordinary official bonds in a penal sum of not less than the amount of 
money which may come into his hands at any one time as trustee of 
the civil township and of the school township to the acceptance of the 
county auditor. Such bond may be executed by a surety company or 
by two or more freehold sureties to be approved by the county auditor. 

Note: The premium of such bonds can not be paid out of 
public funds. 

(Section 9103.) 

11. Auditor to file and preserve bond. This bond must be filed 
with the county auditor. 

(Acts 1 R. S. 1852, p. 166, Sec. 9109.) 

12. Approval of to be indorsed thereon. The approval of every 
official bond shall be written thereon by the approver thereof; and no 
bond shall be filed until lawfully approved. 

FAILURE TO GIVE BOND. 

(Acts 1 R. S. 1852, p. 166, Sec. 9110.) 

13. Failure to give, vacates office. If any officer of whom an 
official bond is required shall fail, within ten days after the commence- 
ment of his term of office and receipt of his commission or certificate, 
to give bond in the manner prescribed by law, the office shall be vacant. 

(Acts 1865, S. p. 178, Sec. 9116.) 

14. Must be officially acknowledged. No official bond of any pub- 
lic officer shall be accepted or approved, until the execution thereof 
shall have been duly acknowledged before some officer authorized to 
take acknowledgment of deeds, both, by the principal and his sureties 
executing the same; and such acknowledgment duly certified thereon 
by such officer taking the same. 

Note: Failure to acknowledge a bond does not make it void. 

BONDS — SURETY COMPANIES. 

(Acts 1879, p. 192, Sec. 5728-5729.) 

15. Approved surety company's bond. Bonds executed by surety 
companies which are authorized to do business in the State by the 
auditor of state are acceptable as surety on the official bond of the 
township trustee. 

COMMISSIONS OF TOWNSHIP OFFICERS. 

(Acts 1 R. S. 1852, p. 228, Sec. 9139.) 

16. Election inspectors to issue. All township officers except 
constables shall receive certificates of their election from the board of 
judges (election inspectors) of the townships for which they shall be 
elected. See Sec. 6987 Burns' R. S. 



§17 Township Trustees. 8 

(Section 9138.) 

17. When given by clerk of circuit court. Constables receive the 
certificate of election from the clerk of the circuit court. 

REMOVAL FROM TOWNSHIP OP TRUSTEE. 

(Section 977 0.) 

18. Trustee to account to successor. If any trustee, overseer of 
the poor, shall remove from the township, be removed from office, re- 
sign or in any other way vacate his office, he shall immediately deliver 
over all books, papers and other things concerning his office to his 
successor, upon his appointment; in the event of his death, his execu- 
tor or administrator shall, within forty days of his death, deliver 
over all things belonging to his office to the successor in office. 

FAILURE TO SERVE. 

(Acts 1865, p. 3, Sec. 6428.) 

19. Failing to serve — Penalty. Any person elected or appointed 
township trustee, who shall fail to qualify and serve as such, shall pay 
the sum of five dollars, to be recovered as specified in the preceding 
section for the use therein named, and in like manner added to said 
fund, unless such person shall have previously served as such trustee. 

NEGLECTING DUTIES. 

(Acts 1865, p. 3, Sec. 6427.) 

20. Neglecting duties. If a trustee shall fail to discharge any of 
the duties of his office relative to the schools, any person may main- 
tain an action against him for every such offense, in the name of the 
state of Indiana, and may recover, for the use of the common school 
fund, any sum not exceeding ten dollars; which sum, when collected, 
shall be paid into the county treasury, and added by the county auditor 
to said fund, and reported accordingly. 

DELIVERY OF MONEY AND BOOKS TO SUCCESSOR. 

(Acts 1859, p. 220, Sec. 9575.) 

21. Required to account to successor. The trustee shall at the 
expiration of his term, deliver to his successor all moneys, books and 
papers belonging to his township. 

TOWNSHIP TRUSTEES — RECORDS— DUTY AS TO REVENUE. 

(Acts 1865, p. 3, Sec. 6408.) 

22. Records to be kept by trustee. The trustees shall keep a 
record of their proceedings relative to the schools, including all orders 
and allowances on account thereof, keeping a separate account of re- 
ceipts and disbursement of the special school and the tuition funds. 
State tuition revenue shall not be expended for any other purpose, nor 
even for tuition purposes in advance of its apportionment. 

Note: Contracts may be made in anticipation of school 
revenues, except state revenue for tuition. Harney v. Wooden, 
30 Ind. 17 8; Zartman v. State, 109 Ind. 360, 



9 Township Trustees. §23 

NOTICE OF DAYS FOR BUSINESS. 

(Acts 1875, p. 162, Sec. 9587.) 

23. Days for business — Notice of. The trustee shall designate 
certain days in each week or month, as may be required, in which he 
will attend to the business of his township, and cause notice thereof to 
be given to the inhabitants of such township; and all contracts and 
auditing and payment of claims, shall be made only on such designated 
days. 

SATURDAY CLOSING AND HOLIDAYS. 
(Acts 1907, p. 691, Sec. 9627.) 

24. Saturday half holidays — County Seats 100,000. In counties 
containing county seat of 10 0,000 or more population according to the 
last preceding United States census, on all legal holidays, and from the 
first Saturday in June to the last Saturday in October, from noon of all 
Saturdays, it shall be lawful for all public officers to close their doors 
for business. 

TOWNSHIP TRUSTEES — DUTIES. 

(Acts 1859, p. 220, Sec. 9565-9566.) 

25. Duties of trustee, by virtue of his office — Other duties — May 
administer necessary oaths. The ex-officio duties of the township 
trustee are: Inspector of elections, overseer of the poor, and fence 
viewer. 

His duties as township trustee in part are: 

To keep a true record of his official proceedings in a book to be 
provided for that purpose. 

To receive all moneys belonging to the township, and pay the 
same out according to law, as right and justice shall require. 

To see to a proper application of all moneys belonging to the 
township for road, school or other purposes, and perform all the duties 
heretofore required of the township trustee, clerk and treasurer under 
the school acts. 

To have the care and management of all property, real and per- 
sonal, belonging to the township, and to superintend, all the inter- 
ests thereof. 

To have power to administer oaths where necessary, in the dis- 
charge of the duties of his office. 

RECORD OF FINANCES. 

(Acts 1899, p. 150, Sec. 9596.) 

26. Must keep a financial record. Township trustees shall pro- 
cure and keep a book to be known as the Financial Record. In this 
book he is required to keep an itemized and accurate account of the 
affairs of his township, charging himself with each sum of money when 
and as received, showing the source, date, from whom received and 
the account to which it shall be credited. 

Likewise he shall credit himself with all moneys when and as 
paid out, showing when, on what account, to whom and out of what 
fund paid. 

Note: Such book shall be a public record. 



§27 Township^Trustees. 10 

APPEALS FROM TOWNSHIP TRUSTEES. 

(Acts 1865, p. 3, Sec. 6667.) 

27. In school matters to the county superintendent. Appeals 
shall be allowed from decisions of the township trustee in school mat- 
ters to the county superintendent, who shall promptly decide accord- 
ing to the rules governing appeals from justices of the peace to circuit 
courts, so far as applicable. 

His (superintendent) decisions of all local questions, concerning 
any school matter, shall be final. 

RESIGNATION. 

(Acts 1 R. S. 1852, Sec. 9141.) 

28. When made, to be filed with auditor. If a township trustee 
desires to resign such office, he shall file with the county auditor his 
written resignation. 

(Section 9569.) 

29. Vacancy in office- — How filled. In case of a vacancy, in vaca- 
tion of the commissioners' court, the auditor shall appoint a person to 
fill the same. 

During term time, the board of county commissioners shall fill 
such vacancy. All appointments are to cover the unexpired term. 

DOCKET AND OTHER FEES. 

(Acts 1903, p. 177, Sec. 9570.) 

30. Required to be paid to trustee quarterly. Quarterly, viz.; on 
March 31, June 30, September 30 and December 31, of each year, 
each township trustee shall receive from the justices of the peace in his 
township all docket fees taxed and collected by such justices during 
each quarter, and shall enter same in his township fund. 

In townships having therein a city of not less than 45,000 and 
not more than 60,000 population, all justice's fees including docket 
fees must be paid to the trustee quarterly. 

Note: A portion of the language of the above act, as pub- 
lished in the Acts of 1903, and in Burns' R. S. 1914, is garbled 
so as to be meaningless. In the Enrolled Act, the language is: 
"And in all townships in the State having therein a city of 
not less than 45,000, and not more than 60,000 population 
* * *. Said Trustees shall quarterly * * * receive from 
Justices of the Peace all fees taxed and collected by said 
justices during such quarter, and shall enter the same in the 
general fund of said township." 
In the later edition of Burns' R. S. the mistake is corrected. 

(Acts 1903, p. 177, Sec. 9570.) 

31. Trustees must examine justices' dockets, quarterly. Under 
this section the trustee is required to examine and settle all accounts 
and demands against his township. The dockets of all justices within 
his township are thus required to be examined by the trustee. 



11 Township Trustees. §32 

FIRE ESCAPES. 

(Acts 1909, p. 302, Sec. 3841-3847 b.) 

32. When trustee acts as fire chief. All school buildings and 
public buildings must be provided with proper means of escape in case 
of fire. 

Fire chiefs of cities are required to see that the law is obeyed in 
that regard. Section 3847b provides that the trustee shall perform the 
duties required of fire chiefs, in places that have no fire chief. 

PENALTIES. 

(Acts 1905, p. 584, Sec. 2284.) 

33. Penalty for. A trustee failing to account to his successor, or 
failing to pay over to his successor in office all moneys of every de- 
scription, remaining in his hands at the expiration of the trustee's 
term, shall be deemed guilty of embezzlement, subject on conviction 
to a fine not exceeding $1,000, and five years' imprisonment in the 
State prison. 

DIVERSION OF FUNDS. 

(Acts 1905, p. 584, Sec. 2292.) 

34. Penalty for. Any trustee who knowingly diverts, appropri- 
ates or applies any funds, or a part of any fund, or money borrowed on 
bond, to any other use than that for which it was raised, appropriated 
or borrowed, is deemed guilty of embezzlement and the penalty on con- 
viction is a fine, imprisonment in the State prison and disfranchise- 
ment. 

EXTORTION AND OFFICIAL NEGLIGENCE. 

(Acts 1905, p. 584, Sec. 2389.) 

35. Penalty for. Any public officer who demands or receives any 
fee or reward, other than that which is allowed by law, for doing his 
official duty, or charges, asks or receives a greater fee than is allowed 
by law, or requires any division of fees of a deputy appointed by him, 
or fails to perform any duty in the manner and within the time pre- 
scribed by law, is subject, upon conviction, to a fine and imprisonment 
in jail for a first offense and State prison and disfranchisement for a 
second. 

FAILURE TO PERFORM DUTY — PENALTY. 

(Acts 1859, p. 220, Sec. 9581.) 

36. Penalty for. Should any person, elected or appointed to the 
office of township trustee, after having accepted such office, fail to per- 
form any duty required by law, such person so failing shall forfeit and 
pay to such township any sum not exceeding $100, to be recovered in 
a civil action in the name of the township, before any court having 
competent jurisdiction. 



§37 Township Trustees. 12 

INTOXICATED OFFICER. 

(Acts 1905, p. 584, Sec. 2419.) 

37. Penalty for intoxication during business hours. Whoever, 
holding an office under the Constitution and laws of this State, be- 
comes, or is intoxicated during the business hours of his office, shall, 
on conviction, be fined not less than $10 nor more than $100, to which 
may be added imprisonment in the county jail not more than ten days; 
and for the second offense he may be deprived of his office by the 
judgment of the proper circuit court. 

UNLAWFUL INTEREST IN PUBLIC CONTRACTS. 

(Acts 1905, p. 584, Sec. 2423.) 

38. Penalty for. A township trustee who shall be interested in 
any contract for the construction of a schoolhouse, bridge or public 
building, or work of any kind erected or built for the use of a town- 
ship, or who shall bargain for or receive any percentage, draw-back, 
premium or profits, or money, on any contract, or making any appoint- 
ment wherein the township is concerned, is subject, upon conviction, 
to fine, imprisonment in the State prison and disfranchisement. 

REFUSAL TO PAY JUST CLAIMS. 

(Acts 1905, p. 584, Sec. 2424.) 

39. Penalty for. If any township trustee unlawfully refuses to 
pay a just claim, or demand, against any fund of the township, when 
the money belonging to such fund is in his hands, he is subject, upon 
conviction, to a fine not less than $10 nor more than $50. 

FRAUD BY OFFICER — ELECTIONS. 

(Acts 1881, S. p. 174, Sec. 2571.) 

40. Penalty for. Whoever being a township trustee, inspector, 
judge or clerk of election takes out of the ballot box any ballot legally 
deposited therein, with intent to destroy or substituting another in its 
place, with intent to prevent the same from being counted; or who 
knowingly enters upon the poll books the name of any person who has 
not legally voted at such election; or intentionally tallies any vote to 
anjr candidate not voted for by such ballot, or permits any of these 
to be done, is subject, upon conviction to fine, imprisonment and dis- 
franchisement. 

ALTERING RET URNS—ELECTIONS. 

(Acts 1881, S. p. 174, Sec. 2572.) 

41. Penalty for. Any township trustee, inspector, or any person 
acting for them, while forming a board of canvassers, who shall, with 
intent to defraud, alter any election return, as made by the election 
board of any voting precinct, either by increasing the vote of any 
candidate, or reducing the same; or shall intentionally destroy, mis- 



13 Township Trustees. §42 

place or lose any poll book or tally sheet, or who shall consent or 
permit the clerk of the court, to make such change, is subject upon 
conviction, to a fine, imprisonment in the State prison and disfran- 
chisement. 

REFUSING TO RECEIVE VOTE. 

(Acts 1881, S. p. 174, Sec. 2578.) 

42. Penalty for. Whoever being an inspector or judge of any 
election, knowingly, wilfully or corruptly, refuses or neglects to re- 
ceive the vote of any legal voter at any election, within this State, is 
subject, upon conviction, to a fine, disfranchisement and rendered in- 
capable of holding any office of trust and profit for any determinate 
period. 

PERSUADING VOTER. 

(Acts 1881, S. p. 174, Sec. 2574.) 

43. Penalty for. Whoever being an inspector, judge or clerk of 
an election, attempts to induce, by persuasion, menace, reward, or 
promise of same, any elector to vote for any person, shall be subject 
to a fine of $10 to $100. 

OFFICER OPENING OR MARKING TICKET. 

(Acts 1S81, S. p. 174, Sec. 3575.) 

44. Penalty for. Whoever being a judge, inspector, clerk or other 
officer of an election, opens or marks, by folding or otherwise, any 
ticket presented by an elector, or suffers it to be done by another, be- 
fore such ticket is deposited in the ballot box, shall be fined, disfran- 
chised and rendered incapable of holding any office of trust and profit 
for any determinate period. 

FALSE CLAIMS. 

(Acts 1905, p. 584, Sec. 2586.) 

45. Penalty for presenting, for payment. Whoever, knowing the 
same to be false or fraudulent, makes out or presents for payment or 
certifies as correct to * * * the trustee or accounting officer of 
any civil or school township, any false or fraudulent claim, bill, note, 
bond, account or other evidence of indebtedness, for purpose of pro- 
curing payment thereof, upon conviction shall be imprisoned in the 
State prison two to fourteen years, and fined $10 to $1,000, and who- 
ever receives payment of such claim, knowing the same to be false and 
fraudulent, shall be punished likewise. 

DOG TAX — PENALTY AGAINST OFFICER. 

(Acts 1897, p. 178, Sec. 3263.) 

46. Penalty for failure to perform duty. Any township trustee 
or township assessor who shall fail to perform his duty relating to 
collection of dog tax or who shall fail to report delinquent dog owners, 
shall be liable to a fine of $10 to $20. 



§47 Township Trustees. 14 

DOGS — FALSE STATEMENTS. 

(Acts 1897, p. 178, Sec. 3264.) 

47. Penalty for false statement. Any false statement made to a 
township assessor or township trustee relative to number, sex or 
age of a dog by a person owning, keeping or harboring a dog subjects 
such person to a fine not exceeding $100. 

FAILURE TO ACCOUNT — PENALTY. 

(Acts 1905, p. 584, Sec. 2283.) 

48. Penalty. Any trustee who fraudulently fails or refuses, at 
any time during the term for which he was elected or appointed, when 
legally required to so do by the proper person or authority, to account 
for, deliver and pay over to such person or persons as may be law- 
fully entitled to receive the same, all moneys, choses in action, or other 
property which may come into his hands by virtue of his office, is 
deemed guilty of embezzlement, and the penalty on conviction is a 
fine, not exceeding $1,000, and imprisonment in State prison and dis- 
franchisement. 

ADVISORY BOARD. 

(Acts 1899, p. 15, Sec. 9590.) 

49. Beginning of term. The term of office of the members of the 
advisory board shall be for two years from the day following their first 
election and until their successors are elected and qualified, and the 
term of office shall thereafter be for the term of four years from the 
day following their election and until their successors are elected and 
qualified. 

(Acts 1899, p. 150, Sec. 9590.) 

50. Election of — General Duties — Organization — Quorum. At the 

time of electing township trustees, the voters shall elect an advisory 
board for the township. By inference the provisions of the amending 
act 1911, Sec. 6983 Burns' R. S., which extended the election of town- 
ship trustees and township assessors from November, 1912, to Novem- 
ber, 1914, also extended the election of the advisory boards. 

The advisory board consists of three members and vacancies are 
filled by the remaining members. 

This board is required to assemble on the first Tuesday of Sep- 
tember each year, in annual session, at some convenient place in the 
township, and two members shall constitute a quorum. 

At such meeting the board shall consider the various estimates 
of township expenditures proposed by the township trustee, and shall 
have power to concur in such estimates, in whole or part; or to reject, 
in whole or part. 

Any existing indebtedness of the township need not be paid 
until due. 

When the board shall have determined upon the estimates and 
amounts for which taxes should be levied upon the property and polls 
within the township for the ensuing year, it shall then determine and 



15 Township Trustees. §50a 

fix the rates of taxation, upon such property and polls as to the es- 
timated purposes, severally. 

The rates so determined by the board shall be certified to the 
county auditor, who shall place the same upon the tax duplicate, and 
the same collected and enforced by law. 

One of the members shall be elected chairman and another mem- 
ber as secretary of the board. 

The secretary shall record, in a book to be furnished by the trus- 
tee, all the proceedings in full of any meeting, under the direction of 
the board, which shall be signed before the board adjourns. 

Such book shall be a part of the records of the township, and 
known as "The record of the Advisory Board of town- 
ship" and it shall remain in the custody of the chairman of the board. 

The board has the power to adjourn from day to day till its 
business is completed. 

Note: No action of the members of the advisory board has 
any force in law except the action be taken at a meeting of 
the board when a quorum is present and a record of such 
action be made and entered upon the advisory board record 
and signed by the members before the meeting adjourns. 

(Acts 1915, p. 358.) 
50a. Taxation — Townships — Tax levy. Each advisory board in the 
several townships of the State shall, at the annual September meeting 
of the board, levy a tax for township funds upon all the taxable prop- 
erty within the township, including the taxable property in cities and 
incorporated towns within the boundaries of the township. 

IMPROVEMENT AND REPAIR OF HIGHWAYS BY USE OF ROAD 

TAX. 

(Acts 1913, p. 873, Sec. 7780.) 

51. Must be let to the lowest responsible bidder — Notices. Under 
Sec. 2 of the new highway law, 1913, the township trustee may let 
to the lowest responsible bidder the improvement or repair of high- 
ways and bridges, or any part thereof, in his township, under regula- 
tions prescribed by him. Notice of the time and place of receiving 
bids must be posted in three of the most public places in the township. 

Note: Such contracts must be let upon notice and bids. 
Mossv. Sugar Ridge Tp., 161 Ind. 417. 

Note: It is believed that the 1913 act, p. 873, Section 51, 
this book, governs as to the expenditures of road taxes. By 
Section 1347 Burns' R. S. it is provided, in case there are not 
published in said county newspapers representing two political 
parties casting votes at the last preceding general election, 
then in such case one of such notices or reports, shall be pub- 
lished in an independent newspaper. 

GENERAL SUGGESTIONS. 

52. General suggestions. The matter of township supplies, both 
civil and school, is one of the greatest importance. In the aggregate, 
the expenditures of the township trustees of the State for supplies of 



§53 Township Trustees. 16 

different kinds amounts to a very large sum annually. To the end 
that there may be no unnecessary purchases it is the duty of each trus- 
tee to see that there is no needless waste and that all articles belong- 
ing to the township are properly used and protected. At the close of 
the schools, teachers should be required in their report to make an 
itemized and detailed statement as to the amount and condition of all 
property, furniture and materials under their supervision and the prob- 
able needs for the next school term. Road supervisors, drivers of 
school wagons and school janitors should be required to properly pro- 
tect all property in their charge or under their supervision. By re- 
ports from all persons using township property and by personal inspec- 
tion and inquiry, the trustee will be able to make an intelligent esti- 
mate of the township needs. 

53. School supplies — Estimate and classification. If the trustee 
desires to purchase any school furniture, wagons, fixtures, maps, charts 
or other school supplies (excepting fuel and literary periodicals, as 
may be authorized by the advisory board) he must make an estimate of 
the kinds and amounts, itemized particularly and properly classified, to 
be used by bidders upon the giving of public notice. The only excep- 
tion made by the statute is as to fuel and literary periodicals; all other 
supplies must be purchased after notice and bids. (Section 9598, 
Burns' R. S. 1914.) 

54. Other supplies — Road machinery — Bridge materials, etc. A 
like course should be followed by the trustee in the purchase of all 
other supplies and materials for township use wherever practicable. 
Especially is this required in buying road machinery and tools of all 
kinds and bridge and culvert materials. It may also be advisable in 
some instances to buy gravel, stone or other road-making materials by 
notice and competitive bidding. 

55. Plans and specifications required. If the trustee finds it nec- 
essary to erect a new schoolhouse, he must procure suitable plans and 
specifications therefor to be used by the bidders in bidding and in the 
construction of such house. The plans and specifications, as to sanitary 
arrangements, must be in accordance with the rules of the state board 
of health. 

Note: See Sec. 24 8 this book. 

56. Bids for repair work on schoolhouses. If it is necessary to 
make repairs on or about schoolhouses, other than current or incidental 
repairs, the trustee must make an itemized statement of the nature and 
character of the work for the use of bidders. The current and inci- 
dental repairs which the trustee is authorized to make without notice 
and bids relate to such matters as broken windows, doors, heating ap- 
paratus and other things likely to occur from day to day and requiring 
immediate repair. 

57. Plans and specifications to be procured. When bridges are to 
be constructed or repaired in a township in any year the trustee, under 
the township act of 1899, must make for the use of bidders a sufficient 
schedule and such specifications of such work as may be necessary. 

58. The $100 law, as to payment for bridges. Again, is mention 
made in reference to the Act of 1913, p. 609, which provides that all 



17 Township Trustees. §60 

bridges erected or repaired, when the cost shall not exceed $100, shall 
be paid by the township trustee from the township road fund. 

60. Requirements as to letting of contracts — Notice how given. 

Under the township act of 189 9 it is provided that all contracts shall be 
let after notice by posting for three weeks in five of the most public 
places in the township and also at or near the door of each postoftice 
therein, stating briefly the buildings, repairs or supplies sought to be let 
and when and where bids will be received and opened. If the contem- 
plated expenditures in any class (buildings being one class, repairs a 
class, supplies a class, and so on) shall be $500 or more, in addition 
to the posting there must be a publication of the notice one time in 
two leading newspapers of the county representing the two political 
parties casting the highest number of votes in such county at the last 
preceding general election. If there is a newspaper published in the 
township one of such notices must be published in it. 

Note: It is believed that the 1913 act, Section 5 9, this book, 
governs as to the expenditure of road taxes. By Section 1347 
Burns' R. S. it is provided, in case there are not published in 
said county newspapers representing two political parties cast- 
ing votes at the last preceding general election, then in such 
case one of such notices or reports, shall be published in an 
independent newspaper. 

(Section 1346a.) 

61. May publish in a daily or Aveekly newspaper. Under another 
act, 1913, p. 7 61, it is provided that the trustee may lawfully make 
such publications in either a daily or weekly newspaper. 

BIDS, RECEIVING AND ACTION ON. 

62. Advisory board must be present when trustee opens bids — 
Written bids — Opened publicly. All bids must be in writing and must 
be opened and read publicly at the time and place fixed in the notice. 
The trustee may take time to examine and satisfy himself as to which 
is the lowest and best bid and must advise with the advisory board 
thereon. The advisory board must be present at the letting and has 
authority to reject any and all bids. When action has been taken, the 
trustee must endorse on the bids whether rejected or accepted and 
must preserve the bids in his office. 

BIDS, HOW RECEIVED. 

(Acts 1913, p. 650, Sec. 5896a.) 

63. Bids need not be sumitted earlier than time of meeting. No 

officer authorized by law to let contracts for public work has authority 
to require any bidder to submit his bid at any time earlier than the 
open meeting at which it is to be received. All such meetings for re- 
ceiving bids shall be open to the public and all bidders shall be en- 
titled to attend. 

All contracts for public work let contrary to these provisions 
shall be void. 

2—4843 



§64 Township Trustees. 18 

WHEN CONTRACT IS VOID. 

64. When contract is void. Any contract made in violation of 
the township act of 1899 (Advisory Board Act), and its amendments is 
null and void. 

65. Contracts how let. When a bid is accepted a proper contract 
in writing, signed by the trustee and the successful bidder, must be 
entered into for such building, bridge construction, repairs or supplies, 
as the case may be. All the work or supplies in any one class must be 
included and let in a single contract. 

66. Noncollusion affidavit and bond. All bids must contain the 
statement and affidavit set out in "Form 9" prescribed by the state 
board of accounts; and when a contract has been entered into the 
trustee must require the bidder to give bond, with security to be ap- 
proved by him, for the faithful execution of such contract. 

67. Annual January financial report and settlement — When and 
how niade. The trustee's annual report and settlement is provided for 
by the township act of 1899, as amended in 1901. Briefly stated, the 
requirements as to the report are as follows: 

The report must be presented to the advisory board at an annual 
meeting to be held on the first Tuesday after first Monday in January. 
Where, however, the trustee's term expires before that date, or he 
shall die or resign, then he or his administrator, as the case may be, 
shall at once make final settlement with the board. 

It must be a complete report of all receipts and expenditures for 
the preceding calendar year, with the balance to the credit of each 
fund. 

If the trustee has any money from any source on his hands or 
under his control which is not included in any particular fund, as 
shown by his report, all facts concerning such money must be stated. 

Each item of expenditure must be accompanied by a verified 
voucher, signed by the person receiving the money. The form of this 
voucher has been prescribed by the state board of accounts. The trus- 
tee is empowered to administer the oath to the person signing the 
voucher. 

The report must be verified by the oath of the trustee showing 
that the sums with which he is charged in the report are all the sums 
received by him; that the various items of expenditure credited have 
been fully paid in the sums stated, without any agreement that any por- 
tion thereof shall be retained by or repaid to him or to any other 
person; and that such trustee has received no money nor article of 
value in consideration of any contract made by him as such trustee. 

ALLOWANCE BY ADVISORY BOARD. 

68. Allowance of per diem to trustee. The trustee who receives 
per diem and not salary must file with the advisory board at its an- 
nual meeting in January an itemized statement, verified by his oath, 
of his services as trustee and such board shall fix and allow the num- 
ber of days for which the trustee is entitled to be paid, and he is en- 
titled to no other compensation for his service as trustee. 

Note: For law as to clerk hire, expenses and office rent, 
see Section 73, this book. 



19 Township Trustees. §69 

DUTY OF ADVISORY BOARD. 

69. Duties as to trustee's annual January report. The advisory 
board shall consider the trustee's report when it is presented to such 
board and approve it in whole or in part. 

Any sum appropriated and remaining in the hands of the trus- 
tee, unexpended, and for which no liability exists against the town- 
ship, must be deemed and credited in favor of the fund for which it 
was appropriated, and must be considered in the ensuing levy. 

The expenditure of any fund, in whole or in part, to any account 
for which it was not appropriated by the advisory board must be 
deemed by such board as a balance of such fund unexpended and still 
in the hands of the trustee, for which he is liable on his bond. 

Any member of the advisory board may administer oaths, and 
the board may send for persons, books and papers, if necessary, in the 
examination of the trustee's report; and when the examination is 
closed the board must enter of record its action on the report, spe- 
cifically stating such parts and items as may be altered or disallowed. 

The trustee's report shall remain under the control of the advisory 
board and in the custody of the chairman of such board and may be 
inspected at any time by any taxpayer of the township. The vouchers 
accompanying the report, however, must be filed with the county 
auditor. 

COPY OF REPORT TO AUDITOR — TIME OF FILING AND PENALTY. 

70. Copy of report to auditor — Penalty — Vouchers. After the 
annual settlement has been made, the trustee must, within ten days 
thereafter, file a copy of his report as adopted by the advisory board, 
with the accompanying vouchers, in the office of the county auditor, 
to be preserved. If the copy is not so filed within ten days the trus- 
tee is subject to a forfeiture of $5.00 for each day's delay, to be 
collected by the advisory board for the benefit of the township. 

AUDITOR'S DUTY TO EXAMINE TRUSTEE'S REPORT. 

(Section 9597.) 

71. Auditor's duties — Examination within 10 days. The auditor 
must examine the copy of the report filed with him and within ten 
days after such filing must report to the advisory board the result of 
such examination, including his finding as to the accuracy of the report. 

PUBLICATION OF REPORT — PENALTY FOR FAILURE. 

72. Newspaper publication within four weeks. Under an act of 
19 07 (Section 9573, Rev. Stat. 1914), the township trustee, within 
four weeks from the time of filing his annual report, must cause the 
receipts and expenditures by items, as they appear in such report, to 
be given newspaper publication as in said section provided. If the trus- 
tee fails to make such publication the county auditor shall cause it to 
be done. Each newspaper publishing the same shall be entitled to five 
cents for each item of such receipts and expenditures, to be paid out 
of the township fund and not more than one item shall be printed in 



§73 Township Trustees. 20 

one line. For a failure to make publication of the report a fine of 
$25.00 is provided. 

Townships having a population of 100,000 inhabitants or more are 
excepted from the above requirements and must cause publication to be 
made under Section 9597, Burns' R. S. 1914. 

Note: As to publication see Sections 60 and 61, this book. 

ESTIMATES OF EXPENDITURES. 

(Acts 1915, p. 131, amending Sec. 9593.) 
73. Trustee must attend all meetings — Estimates. The trustee 
shall attend all of the meetings of the advisory board, and at the an- 
nual meeting thereof, after the board shall have organized, he shall 
present a detailed and itemized statement in writing of his estimated 
expenditures for which appropriations are asked, specifying the num- 
ber of teachers necessarily employed, their salaries respectively, the 
number of days deemed necessary for the discharge of the duties of his 
office, and the days of the week or month when they can be most ad- 
vantageously performed, the extent of needed bridge and highway re- 
pairs, an accurate, itemized list of all the property and supplies on 
hand, whether in use or in store, for road, school and other purposes 
and estimated value thereof, the items of school supplies necessary for 
each school, the condition of pauperism in the township, including the 
names of such persons as have received public aid,' since the taking ef- 
fect of this act, and since the last annual meeting of the board, with 
the respective amount received by each person. And also the items, 
severally to be charged against the township funds, including salaries, 
clerk hire when same is necessary, stationery, printing and records, and 
supplies to be furnished to the justices of the township, the trustee's 
compensation, and his actual expense to be incurred in the transacting 
of township business, and his office rent, where an office is authorized 
by such advisory board, and any other items of expense payable from 
said fund; and he shall submit to such inquiries concerning the ex- 
penditures of his office as the board, or the taxpayers present, may 
deem proper to make. The advisory board shall have full power to re- 
quire any estimate, not sufficiently itemized, to be so itemized by the 
trustee, and to appropriate for any purpose a sum not greater than that 
estimated in the item therefor, except by the unanimous vote of the 
board, and not otherwise, an appropriation may be made for an item 
not contained in any estimate, or for a greater amount than that named 
in any item of an estimate: Provided, further, That all items of ex- 
pense herein enumerated shall be paid from the proper funds of the 
township: and Provided, That in townships containing a population of 
less than 5,00 inhabitants, no clerk hire shall be allowed or paid; that 
in such townships the advisory board may authorize the trustee to 
pay as office rent a sum not to exceed $60.00 per annum, and such trus- 
tee may, if authorized by the board, keep his office in his residence or his 
own property, and pay to himself the rent therefor; that in such town- 
ships, the advisory board may authorize the trustee to pay his actual 
expenses in transacting his official business, including stationery, print- 
ing and records, and may authorize the trustee to use his own prop- 



21 Township Trustees. §73 

erty, as means of convenience in transacting such business, but the 
total expenses to be so allowed and paid, other than office rent, shall 
not exceed $100.00 per year in such townships; that in townships con- 
taining a population of 5,000 and less than 10,000 inhabitants, the ad- 
visory board may authorize the trustee to pay, if the board deems nec- 
essary and proper, for clerk hire a sum not to exceed $100.00 per year; 
for office rent a sum not to exceed $90.00 per year; for actual expenses 
in transacting the business of the office, including stationery, printing 
and records, and may authorize the trustee to use his own property as 
means of convenience in transacting such business, but the total ex- 
penses to be so allowed and paid, other than office rent, shall not ex- 
ceed $200.00 per year; and Provided, That in townships containing 
10,000 and less than 15,000 inhabitants, the advisory board may au- 
thorize the trustee to pay, if the board deems necessary and proper, 
for clerk hire a sum not to exceed $250.00 per year; for office rent a 
sum not to exceed $120.00 per year; for actual expenses in transacting 
the business of the office, including stationery, printing and records, a 
sum not to exceed $250.00 per year: and Provided, That in townships 
containing 15,000 and less than 20,000 inhabitants, the advisory board 
may authorize the trustee to pay, if the board deems necessary and 
proper, for clerk hire a sum not to exceed $4 50.00 per year; for office 
rent a sum not to exceed $120.00 per year; for actual expenses in trans- 
acting the business of the office, including stationery, printing and rec- 
ords, a sum not to exceed $30 0.00 per year, and Provided, That in 
townships containing 20,000 and less than 30,000 inhabitants, the ad- 
visory board may authorize the trustee to pay, if the board deems 
necessary and proper, for clerk hire a sum not to exceed $600.00 per 
year; for office rent a sum not to exceed $180.00 per year; for actual 
expenses in transacting "the business of the office, including stationery, 
printing and records, a sum not to exceed $350 per year and Provided, 
That in townships containing 30,000 and less than 40,000 inhabitants, 
the advisory board may authorize the trustee to pay, if the board 
deems necessary and proper, for clerk hire a sum not to exceed $900.0 
per year; for office rent a sum not to exceed $240.00 per year; for 
actual expenses in transacting the business of the office, including 
stationery, printing and records, a sum not to exceed $500.00 per year, 
and Provided, That in townships containing 40,000 and less than 100,- 
000 inhabitants, the advisory board may authorize the trustee to pay, if 
the board deems necessary and proper, for clerk hire a sum not to ex- 
ceed $1,200.00 per year; for office rent a sum not to exceed $300.00 
per year; for actual expenses in transacting the business of the office, 
including stationery, printing and records, a sum not to exceed $600.00 
per year; the inhabitants of all such townships to be determined by 
the last preceding United States census. All appropriations for clerk 
hire, for office rent, and for actual expenses in transacting the busi- 
ness of the office of trustee, shall be made at the annual September 
meeting and at no other time. In any case, before the trustee shall 
draw his warrant for any money to be paid out by reason of the items 
of expense, including clerk hire and office rent, authorized by this act, 
he shall require to be filed with him, as trustee, an itemized voucher 



§74 Township Trustees. 22 

of such expense, clerk hire or office rent, properly subscribed and 
sworn to. 

No trustee shall have credit for any money paid by him, except he 
shall show a receipt therefor for each item thereof from the person to 
whom such payment was made. 

Sec. 2. This act shall in no way affect any pending litigation. 

Note: Estimates for road purposes and levies therefor are 
now made on or before the first Tuesday in June. See Sec- 
tion 314, this book. 

NOTICE OF ANNUAL MEETING. 

(Acts 1899, p. 150, Sec. 9592.) 
74. Notice advisory board meeting — Legal rates for same. Notice 
of the annual meeting of the advisory board must be given by the 
trustee at least 30 and not more than 40 days before it is to be held 
by posting at or near the door of all postoffices in the township and 
by publishing, one insertion, during the first week in August, in each 
of the two leading newspapers published within the county, a statement 
of the several estimates and amounts of the proposed annual expendi- 
tures; the rates of taxation proposed for levy against the property to be 
expended for the ensuing year, for the following funds: 



1. 


Township. 


2. 


Local tuition. 


3. 


Special school. 


4. 


Road. 


5. 


Additional road 


6. 


Library. 


7. 


Poor. 


8. 


Other items. 



The act limits the cost of such publication at $2 to any one news- 
paper in any one year, and the posting at $1.50. 

The trustee is required to furnish within this period to each mem- 
ber of the advisory board a statement of such estimates and amounts. 
He shall also procure and lay before the board, at its annual meeting, 
the assessed valuation of the taxable property, together with the num- 
ber of polls, of his township. 

RIGHT OF TAXPAYER TO ATTEND MEETING. 

(Acts 1899, p. 150, Sec. 9591.) 

75. Meetings of advisory board — Taxpayer's right to be present. 

Any taxpayer has the right to appear and be heard as to any matter 
being considered by the advisory board. 

TOWNSHIP TRUSTEE — ADVISORY BOARDS — TRANSFER OF 

FUNDS. 

(Acts 1913, p. 551.) 

76. When surplus road funds transferred to special school fund. 

If it appears to the advisory board of any township in the State of 
Indiana, at the next annual September meeting of such board, that 



23 Township Trustees. §77 

there is a surplus of the road funds of such township that will not be 
needed for road purposes then such advisory board may, by a unan- 
imous vote, pass a resolution and spread the same upon the minutes 
of such board, directing the trustee of such township to transfer all or 
any specified portion of such surplus road fund, to the special school 
fund of such township, and when any such advisory board shall make 
any such order it shall be the duty of the trustee to transfer said 
fund in compliance to such order, which fund so transferred shall be- 
come a part of the special school fund of such township and be used 
for special school purposes. 

Note: It is believed that such transfer may be made at any 
annual meeting. 

SPECIAL MEETINGS — IiOANS. 

(Acts 1913, p. 276, Sec. 9595.) 

77. Only power to create debt for joint school building; — Emer- 
gency expenditures. Upon a special call of the township trustee, or 
the chairman of the advisory board or a majority of the members of 
said board, given in writing to each member thereof, stating the time, 
place and purpose of the meeting, said board may, if a quorum be pres- 
ent, by consent of a majority of all the members present, determine 
whether an emergency exists for the expenditure of any sums not in- 
cluded in the existing estimates and levy. In the event that such an 
emergency is found to exist said board may authorize by special order 
entered and signed upon the record, the trustee to borrow a sum of 
money to be named sufficient to meet such emergency; and at the next 
annual session of the board a levy shall be made to the credit of the 
fund for which such expenditure is made to cover and pay the debt so 
created: Provided, however, That if at any annual or special meeting 
of said board it shall be found indispensably necessary to provide for 
the construction of a school building, the cost of which building or the 
proportionate cost thereof if the same be a joint graded high school 
building will be in excess of the sum available therefor out of any an- 
nual levy, then in that event such board may authorize such trustee to 
issue township warrants or bonds to pay for such building, or the pro- 
portionate cost thereof, such warrants or bonds to run for a period of 
not exceeding fifteen (15) years; and to bear not exceeding six per 
centum per annum, and to be sold for not less than par; the township 
trustee, before issuing such warrants or bonds, shall advertise that 
bonds are to be sold in not less than one issue a week for three weeks, 
in one paper of general circulation in the county and one paper of 
general circulation in the State capital, setting forth the amount of 
bonds offered, the denomination, the period to run, rate of interest 
and the date, place and hour of selling. The township advisory board 
shall attend the sale of bonds and shall concur therein before such 
bonds are sold. The board shall annually levy sufficient taxes to pay 
at least one-fifteenth of such warrants or bonds, with interest, each 
year, and the trustee shall apply such annual tax to the payment of 
such warrants or bonds each year. In no event shall a debt of the 
township be created except by the advisory board of such township, and 



§78 Township Trustees. 24 

in the manner herein specified, and any payment of any debt not so 
authorized from the public funds of such township shall be recover- 
able upon the bond of the trustee in a suit, which it is hereby made the 
duty of said board to institute and prosecute in the name of the State, 
for the use of said township. And said board is hereby empowered to 
appropriate, and the township trustee shall pay out of the township 
funds a reasonable sum for attorney's fees for such purpose. And if 
the board, on the written demand of any taxpayer, fails for thirty (30) 
days to bring suit, then such or any other taxpayer may bring the 
same, in the name of the State, for the use of the township: Provided, 
however, nothing contained herein shall affect any pending litigation. 

Note: Trustees have no power to contract beyond the funds 
available from present tax levies, unless the funds are raised 
by virtue of this section. Mitcheltree Twp. v. Baker, 5 3 Ind. 
App. 472. 

(Acts 1913, p. 487.) 

78. Act 1913 inoperative. 

Note: By the amending act 1913, approved March 10, 1913, 
gave the Advisory Board power at special meetings to author- 
ize the Township Trustee to borrow money to purchase road 
machinery, dredges or machinery for hoisting road material, 
or other township business. 

This act is believed to be inoperative for the reason that the 
act amended 1913, p. 276, was approved on March 6, four days 
sooner, and carried an emergency clause. 

TAXATION — TUITION FUND, SUPPLEMENTARY. 

(Acts 1903, p. 409, Sec. 6443.) 

79. Supplementary tuition fund — Limitation — Application. The 

school trustees of the several townships, towns and cities shall have 
power to levy annually a tax not exceeding fifty cents on each one hun- 
dred dollars of taxable property and twenty-five cents on each taxable 
poll, which tax shall be assessed and collected as the taxes of the 
State and county revenues are assessed and collected, and the revenues 
arising from such tax levy shall constitute a supplementary tuition 
fund, to extend the terms of school in said townships, towns and cities 
after the tuition fund apportioned to such townships, towns and cities 
from the State tuition revenues shall be exhausted: Provided, how- 
ever, That should there be remaining in the tuition fund of any 
township, town or city levying such tax at the close of any school year 
any unexpended balances of such supplementary tuition fund assessed 
and collected for use in such school year, or previous years, equal to or 
exceeding in amount one cent upon each one hundred dollars of tax- 
able property in said township, town or city, then it shall be the duty of 
the county auditor to take notice of the same, and at the time 
when the trustee or trustees of such school corporation shall make the 
annual levy for such tax such trustee or trustees shall make, under 
oath, an estimate of the amount of supplementary tuition fund that 
will be required to meet the actual expenses of the schools for the next 



25 Township Trustees. §80 

school year, and from such estimate said auditor shall deduct the un- 
expended balance of such fund in such trustee or trustees' hands on 
the first Monday of July, and the said trustee or trustees shall make 
a levy not larger than shall be sufficient to produce a supplemental 
revenue equal to the amount remaining of such sworn estimate after 
such unexpended balance shall have been deducted therefrom. 

TAXATION — LOCAL TAX, HOW APPLIED. 

(Acts 1895, p. 153, Sec. 6444.) 

80. Local tuition tax to be applied within townshii). The funds 
arising from tax shall be under the charge and control of the same 
officers, secured by the same guarantees, subject to the same rules and 
regulations, and applied and expended in the same manner as funds 
arising from taxation for common school purposes by the laws of this 
State: Provided, That the funds assessed and collected in any school 
township, school town or school city shall be applied and expended in 
the same school township, town or city in which such funds shall have 
been assessed and collected. (R. S. 1914, Sec. 6444.) 

Note: Anticipating. This revenue is not forbidden to be 
anticipated, as is the State's tuition revenue. — Harney v. Wood- 
en, 30 Ind. 178. 

SPECIAL TAX. (SANITARY SCHOOLS.) 

(Section 6616d.) 

81. Limitation of rate — Construction sanitary school house. For 

the construction of sanitary school buildings by township trustees, and 
to carry out certain hygienic and sanitary requirements, the school 
trustee was empowered by the Act of 1911 p. 118 to levy a tax not 
to exceed 5 cents on the $100 to be added to the special school fund, 
to be used only for building and furnishing of such school houses, such 
levy not to be made unless plainly necessary. The limit of the levy 
was increased to 15 cents, on the $100 by the Amendment of 1913 
at p. 71. 

TAXATION — SPECIAL SCHOOL TAX. 

(Acts 1905, p. 491, Sec. 6441.) 

82. Special school tax — When used to pay teachers. The trustees 
of the several townships, towns and cities, shall have the power to levy 
a special tax, in their respective townships, towns or cities, for the 
construction, renting or repairing of school houses, providing furni- 
ture, school apparatus, and fuel therefor, and for the payment of other 
necessary expenses of the school, including tuition and teachers' sal- 
aries, whenever in any current year the tuition funds shall have been 
exhausted; but no tax shall exceed the sum of fifty cents on each one 
hundred dollars worth of taxable property, and one dollar ($1.00) on 
each poll, in any one year, and the income from said tax shall be de- 
nominated the special school revenue. 



§83 Township Trustees. 26 

SPECIAL SCHOOL FUND — TRANSFER TO TOWNSHIP FUND. 

(Acts 1907, p. 340, Sec. 6446.) 

83. Transfer of township fund to special school, when. When- 
ever a township shall have collected a special tax for the specific pur- 
pose of erecting or constructing a school building and the trustee hav- 
ing decided to abandon the erection thereof, it shall then be his duty 
to transfer such special fund to the township fund, upon the order of 
the advisory board of such township. 

It shall then be lawful to use such fund for township expenditures. 

SPECIAL TAX TO PAY DEBTS. 

(Acts 1S73, p. 209. Sec. 6445.) 

84. Declaration of majority of voters of township. In all cases 
where there have been debts contracted by the township for the con- 
struction, repairing or completion of schoolhouses, or for furnishing 
same, and the special levy of taxes shall be insufficient to liquidate the 
debts so contracted by the trustee, it shall be lawful to levy an addi- 
tional tax not to exceed 25 cents on $100, on the taxable property of 
the township, in any one year, and for each and every year until said 
debts, so made and contracted as aforesaid shall be fully paid, sat- 
isfied and liquidated. 

This additional levy shall only be made after the legal voters of 
the township shall have declared in favor thereof. 

Note: No provision is made to obtain the necessary declara- 
tion of the legal voters. It is doubtful whether a levy made 
under this section could be enforced. — Editor. 

CASH BOOK — DAILY BALANCES. 

(Acts 1907, p. 391, Sec. 7522.) 

85. Cash book — Must show daily balances. Every public officer 
who receives or disburses public funds must keep a cash book in 
which there shall be entered daily, by item, all receipts and disburse- 
ments of public funds, which cash book shall be daily balanced, show- 
ing funds on hand at the close of the day. Such book shall be a pub- 
lic record and open to public inspection. 

TOWNSHIP BOARD OF FINANCE. 

(Acts 1907, p. 391, Sec. 7530.) 

86. Who composes the township Board of Finance— -Powers. The 

advisory board of each township is the board of finance for the town- 
ship, for both civil and school funds, and has advisory supervision for 
the safe keeping and deposit of all public money belonging thereto. 

(Acts 1907, p. 391, Sec. 7531.) 

87. Requirements of trustee — -Reports to Secretary. Township 
trustees who receive or have on hand public funds subject to deposit, 
shall deposit the same in the depository selected by the board of finance, 
and shall file with the secretary of such finance board a verified state- 
ment of the funds deposited. 



27 Township Trustees. §88 

(Acts 1009, p. 182, Sec. 7532.) 

88. Qualifications of a designated depository — Securities. No pub- 
lic funds shall be deposited in any bank, bank institution or trust 
company in this state unless such institution is subject by law to 
visitation and examination by the comptroller of currency of the United 
States through national bank examiners, or by the auditor of state 
through state examiners, and until such depository has presented to 
said board of finance a personal bond executed by not less than seven 
freeholders of the State as security for a sum equal to 60 per cent, 
of the maxium amount of funds to be held on deposit at any one time; 
or a surety company bond equal to 50 per cent of such deposit, to be 
approved by such board of finance. 

(Acts 1909, p. 182, Sec. 7533.) 

89. Kinds of securities required. Other form of securities for pub- 
lic depositories may be allowed in the way of any county bonds issued 
for the improvement of roads, other county bonds, bonds of the State 
or of the United States, being delivered to the board of finance for the 
full face value equal to one-half of the maxium amount to be deposited 
with such depository. Such boards shall determine the value and va- 
lidity of such securities before accepting same. 

A depository is allowed to deposit a portion of such bonds and 
make up the remainder of surety required by personal bond or a 
surety company bond. 

(Acts 1909, p. 437, Sec. 7535.) 

90. How proposals shall be invited. The Secretary of the Board 
of Finance is required to send by registered mail to each bank or 
trust company eligible to become depositories for the township, writ- 
ten invitations to submit proposals to receive public funds on deposit. 
Such invitation shall be sent 20 days prior to the meeting of the Board. 
This mailed notice is in lieu of the published notice as required by 
Sec. 14 of the Act of 19 07. Special meetings of the Board of Finance 
may be held when necessary. The Board shall meet on the first Mon- 
day in January, biennially on odd years, and designate public deposi- 
tories. See Sec. 7538, Burns' R. S. 

PROPOSAL FOR FUNDS — INTEREST. 

(Acts 1909, p. 438, Sec. 7536.) 

91. Rates of interest to be paid by depository. Any eligible bank 
or trust company desiring such deposits shall file with the board of 
finance, on the day so fixed, its written proposal to receive a maxium 
sum of the public funds on deposit; agreeing to pay a rate of interest 
as follows: 

2 per cent per annum on daily balances; 

2 J per cent per annum on semi-annual time deposits; 

3 per cent per annum on annual time deposits. 

They are required to file the necessary bond, or securities, within 
five days after notice of the award. 

All interest earned on such public deposits of the township trustee 
shall be applied to the tuition fund of such township. 



§92 Township Trustees. 28 

MONTHLY STATEMENT — CHECKS. 

(Acts 1907, p. 391, Sec. 7541.) 

92. All checks must be officially signed by trustee. Section 20 of 
the public depository act requires that the interest on the public de- 
posits shall be credited monthly by such depository, and a statement 
thereof be transmitted to the officer on the first day of the month for 
such preceding month. 

All checks drawn on such depository shall be signed by the officer 
in his official capacity. 

MORE THAN ONE DEPOSITORY — MAXIMUM TRANSFER. 

(Acts 1913, p. 279, Sec. 7542.) 

93. When more than one depository. More than one depository 
may be awarded deposits by the board of finance, but the award shall 
not exceed $500,000 in any single depository. 

In case there is no bank or trust company within the township 
which shall receive such deposits of funds on the required terms, then 
the funds may be deposited in one or more qualifying banks of the 
county which are most convenient, but there shall be no discrimina- 
tion as between banks of equal convenience outside of the township. 
The trustee is required to deposit and maintain the balance in each 
depository as nearly as practicable in proportion to the maximum sum 
awarded to such depositories. 

If any depository shall desire to relinquish its deposit; or if a desig- 
nated bank shall increase its capital stock after its award, and shall 
file bonds or securities for additional deposits proportionate to such 
increase of capital, then the board of finance has the power and au- 
thority to readjust the awards, and to order the trustee to make proper 
transfer of funds. 

TIME OF MAKING DEPOSITS. 

(Acts 1911, p. 616, Sec. 7545.) 

94a. Time when deposits shall be made. The funds collected or 
received by a township trustee must be deposited in a public deposi- 
tory, provided therefor, on or before the 1st and 15th days of each 
month. 

No township trustee shall draw any check upon any such depository 
except in payment of a legal claim against his township, or school 
township. 

FAILURE TO MAKE DEPOSIT — ILLEGAL DRAWING OF CHECK — 

PENALTY. 

(Section 7545.) 
94b. Failure to make deposit — Illegal drawing of check — Penalty. 

If any trustee fails to deposit the public funds coming into his hands 
in accordance with the statute, or draws any check contrary to the 
provisions of the statute, he is deemed guilty of embezzlement, and 



29 Township Trustees. §95 

on conviction is subject to a penalty of imprisonment in the state 
prison from one to twenty years and a fine not exceeding $1,000, to 
which penalty is added removal from office and liability on his official 
bond for any loss or damage which may accrue. 

DEPOSIT EXEMPTS TRUSTEE FROM LIABILITY. 

(Acts 1907, p. 391, Sec. 7546.) 
95. Trustee's exemption from liability. When public funds have 
been deposited as provided under the provisions of this law, the trus- 
tee and his bondsmen are exempted from liability by reason of the 
loss of such funds from failure, bankruptcy or any other act of the 
depository to the extent of the funds in the hands of such depository 
at the time of such failure or bankruptcy. 

TRUSTEE'S ACCOUNTS — INSPECTION OF. 

(Acts 1865, p. 3, Sec. 6429.) 
9G. Books subject to inspection, when and by whom. The books, 
papers and accounts of any trustee, relative to schools, shall at all 
times be subject to the inspection of the county superintendent, the 
county auditor, and the board of county commissioners of the proper 
county. 

EXAMINATION OF TRUSTEE AND HIS BOOKS. 

(Acts 3865, p. 3, Sec. 6430.) 

97. Must produce books, on three days' notice. For the purpose 
of such inspection, such county superintendent, auditor, and board of 
county commissioners may, by subpoena, summon before them any 
trustee, and require the production of such books, papers and accounts, 
three days' notice of the time to appear and produce them being given. 

CORRECTION OF ACCOUNTS. 

(Acts 1865, p. 3, Sec. 6431.) 

98. Books may be corrected — Removal for fraud. If any such 
books and accounts have been imperfectly kept, said board of com- 
missioners may correct them, and, if fraud appear, shall remove the 
person guilty thereof. 

COLLECTION OF TAXES — WHEN PAID TO TRUSTEE. 

(Acts 1859, p. 220, Sec. 9576.) 

99. Semi-annual payment of taxes collected — Road tax — In June. 

All township taxes are collected by the county treasurer as other taxes 
are collected, except the road tax, which is all paid at the first (May) 
installment, and distributed to the trustee by the treasurer after his 
June settlement with the auditor. All other taxes than the road tax 
are paid to the trustee by the county treasurer after each semi-annual 
settlement with the auditor. 



§100 Township Tkustees. 30 

PAYMENT OF SURPLUS OF SPECIAL TAXES. 

(Acts 1897, p. 271, Sec. 9577.) 

100. When to be applied to the township fund. Unexpended bal- 
ances of special taxes to purchase gravel roads, or to aid railroads 
must be paid back to township trustees by the county treasurer and 
are applied to the township fund. 

Note: This does not apply to surplus from gravel road con- 
struction funds. See Section 7729a Burns' R. S.; Section 101 
of this book. 

(Acts 1913, p. 941, Sec. 7729a.) 

101. How surplus free gravel road tax may be used. However, in 
case there exists an insufficient amount to liquidate the indebtedness 
of any free gravel road in any township, under the provisions of an 
act 1913, p. 941, a surplus arising from another road constructed in 
the township, shall be transferred, by orders of the county commis- 
sioners, to a "General gravel road by taxation fund" and applied in 
payment of the insufficient roads account. 

Note: See Section 100, this book, for disposition of surplus 
from gravel road purchase funds. 

RECORDS AND BOOKS. 

(Acts 1859, p. 220, Sec. 9579.) 

102. Open at all times for public inspection. The records and other 
books of the township trustee shall always be open for public inspec- 
tion. 

(Acts 1909, p. 141, Sec. 7546i.) 

103. State board of accounts examination of trustee's accounts. His 

books are subject to examination by the state board of accounts. 

(Acts 1913, p. 154, Sec. 1347.) 

104. Publication in newspapers — When may publish in independent 
newspaper. When trustees are required by law to publish notices 
and reports in a public newspaper, they are required to publish the 
same in two newspapers published in their respective counties, repre- 
senting two political parties casting votes in such counties at the last 
preceding general election, one of which shall represent the party 
casting the highest number of votes at said election, if there be such 
newspapers published in the county. If there are not two papers repre- 
senting such parties published in the county, then such notices or 
reports shall be published in an independent newspaper. 

(Acts 1913, p. 761, Sec. 1346a.) 

104a. May publish in daily or weekly newspaper. Act of 1913, pro- 
vides that any legal notice, in township business, theretofore required 
to be published in a weekly newspaper, may thereafter be published in 
either a daily or weekly newspaper. 



31 Township Trustees. §105 

SUITS AGAINST TOWNSHIP. 

(Acts 1859, p. 220, Sec. 9580.) 

105. When trustees may employ an attorney — Litigation. In all 

suits against the township, process shall be served by copy on the 
township trustee, at least 10 days before the return day of such process. 
The trustee is empowered to employ an attorney to defend any 
suit or proceeding in which the township may be interested. 

TOWNSHIP BUSINESS — FUNDING OR REFUNDING BONDS. 

(Acts 1911, p. 190, Sec. 9585.) 

106. Township business — Funding or refunding bonds — Tax levy — 
Sinking fund. Any township in the State being indebted, or hereafter 
becoming indebted, and whose indebtedness if [is] or shall be, evi- 
denced by bonds, notes or other obligations heretofore, or hereafter, 
issued, or negotiated by such township, may for the purpose of fund- 
ing or refunding such indebtedness, or any part thereof, reducing the 
rate of interest thereon, extending the time of payment and cancelling 
so much thereof as may be due or shall hereafter become due, by the 
vote of two-thirds of the members of the township advisory board, 
and with the approval of the township trustee, issue its bonds, with 
interest coupons attached, for an amount not exceeding in aggregate 
the whole amount of the indebtedness of such township; which bonds 
may be of any denomination not less than fifty nor more than one 
thousand dollars and shall be payable at any place named therein and 
at any time not later than thirty years from the date thereof, and 
shall bear any rate of interest not exceeding four and one-half per 
cent, per annum, payable annually or semi-annually, and be sold at not 
less than par value. The township advisory board and the township 
trustee of such township shall add, or cause to be added, to the tax 
duplicate of such township a levy sufficient to pay the yearly interest 
on such bonds and also not less than five cents on the hundred dol- 
lars tax valuation to provide a sinking fund for the liquidation of the 
principal when it shall become due; which sinking fund, together with 
the interest increase or profit thereon, shall be applied solely to the 
payment of such bonds. 

SYSTEM OF ACCOUNTING AND REPORTING. 

(Acts 1909, p. 150.) 

107. Trustee required to use forms prescribed by state board of 
accounts. It is the duty of the trustee, under the provisions of act 
1909, creating the state board of accounts, to use all books, forms, 
records and systems of accounting and reporting prescribed by the 
state board of accounts for uniform use in all the townships of the 
State. 

If he shall fail to do so he becomes subject to a fine of not less than 
$10 0, and removal from office. 



§108 Township Trustees. 32 

PUBLIC ADVERTISING. 

(Acts 1879, p. 130, Sec. 9604.) 

108. Legal rates of advertising — How set up. The act 187 9, fixes 
the printer's advertising rates for all public advertising at $1 per 
square of 250 ems for the first insertion; 5 cents for each additional 
insertion. 

Such advertisement shall be set up in solid reading type as the 
newspaper is printed, without leads, and without more than two dis- 
play lines to each, which display lines are to occupy no more space 
than four lines of regular reading matter. 

In case the trustee can not procure such rates, the act provides that 
written or printed notices duly posted shall be sufficient, without news- 
paper publication. 

INTOXICATING LIQUORS — "PROCTOR LAW." 

(Acts 1911, p. 262, Sec. 8323bl.) 

109. When Township receives part of liquor license fee. Sec. 2 3 
provides for amount of the liquor license fee, regulating the fee of 
$200 in retail licenses to be paid to the credit of the tuition fund of 
the county. 

Additional license fees are required to be paid and graded in 
amounts on location, viz. : 

Tha,t if such premises are located within the corporate limits of 
first and second class cities, or within four miles therof, an annual 
fee of $300; 

All other cities, or within two miles of its corporate limits, an an- 
nual fee of $200; 

Incorporated towns, or within two miles of its corporate limits, 
$150; 

If located without the corporate limits of any city or town, and not 
within the distance above set out, the annual fee of $50 shall be paid 
into the township treasury. 

Note: The act of 1915, at page 2 0, providing for the re- 
turn of license fee, does not apply to the fee paid to a town- 
ship. 

INTOXICATING LIQUORS — LOCAL OPTION. 

(Acts 1911, p. 369, Sec. 8323b.) 

110. How Township pays exxjenses of election. Sec. 10 provides 
for the payment of the expenses of an election held under the local 
option act, when held in any township or in the territory in any town- 
ship outside of any incorporated city, or cities, therein, all of which 
shall be paid by such township. 

It becomes the duty, in such case, for the county auditor to file 
with the township trustee an itemized statement of the expenses of 
such election, setting forth the names of each person to whom the 
same are payable and such expenses shall be paid out of the town- 
ship fund. 

Note: When such election is held only within an incor- 
porated city, the expenses therefor are paid by such city, and 
not by the township. 



33 Township Trustees. §111 

TOWNSHIP LIBRARIES. 

(Acts 1865, p. 3, Sees. 6647-6653.) 

111. Trustee to provide book cases. The old law of 1865 makes it 
the duty of the superintendent of public instruction to superintend the 
purchase of books for Township Libraries, and distribute such books 
to the several townships. 

The library is placed under the charge of the trustee, who is re- 
quired to provide bookcases, preserve the books and keep an account 
to whom loaned. Every family in the township is entitled to the use 
of two volumes at one time from the library, and it became the duty 
of the trustee to post notice at commencement of each school term, 
at each school house, stating where the library is kept and inviting 
the free use of the books by the persons of the townships. 

Note: It is believed that the township library law is re- 
garded as obsolete in practically all the counties of the State. 

(Acts 1877, p. 122, Sec. 6403.) 

112. County board of education — Care and management. Under 
the amendment of the act 1877, establishing a county board of educa- 
tion in each county, it is provided that the care and management of 
township libraries shall be determined by that board. 

LIBRARY — CITY OR TOWN — TAX. 

(Acts 1909, p. 337, Sec. 4912a.) 

113. Townships may join with incorporated city or town. When- 
ever the library board of any incorporated city or town shall file notice, 
with the advisory board of the township wherein such city or town 
is situated, of consent to make such library free and open to all the 
people of said township, or townships, on the condition of such town- 
ship contributing to the support of such public library; such advisory 
board shall, upon the petition of 50 resident taxpayers, real estate 
holders in such township not already taxed for such library, make an 
annual appropriation and levy not less than 5 cents, nor more than 
10, on each $100 property of the township, excluding the property 
of such town or city, to be applied to the library fund of such library. 

Where the privilege of the use of such library has already been 
extended free to the people of such township, upon notice to the ad- 
visory board by the library board that at least one-tenth of the families 
of the outside taxpayers in such township, are users of such library, 
such advisory board shall make the appropriation and levy without the 
filing of such" petition. 

Where any township coming under the provisions of the act, owning 
a township library, and levies a library tax therefor, it shall be dis- 
cretionary with the advisory board whether or not such tax for such 
city or town library shall be levied. 

Said library shall remain open and free to the people of such town- 
ship so long as the families of one-tenth of the outside taxpayers are 
found users of such library. 

When such tax is not levied, or is discontinued, the library board 

3—4843 



§114 Township Trustees. 34 

may issue and sell a certificate or library card to such township resi- 
dents at such annual fee as may be a fair compensation for the privi- 
leges extended. 

(Acts 1911, p. 330, Sec. 4912b.) 
114. Additional provisions — Powers of advisory board. This law 
was re-enacted in 1911, with additional provisions: providing for the 
extension of the use of the library to any neighboring township in the 
county; that the advisory board may levy the tax and make the ap- 
propriation without the petition; and in the case any township com- 
ing under the act owns a township library, it is left to the discretion 
of the advisory board, whether or not, such tax shall be levied for the 
city or town library. 

TOWNSHIP LIBRARY — TRANSFER OR REVERSION. 

(Acts 1899, p. 228, Sec. 4913-4914.) 
*115. When abandoned library books revert to township. The 

board of commissioners are authorized, by proper order entered on its 
records, to abolish a township library and require its property to be 
turned over and transferred to the trustees or managing officers of 
any library which may have been established by donation to the value 
of $1,000 in the township, and in case of abandonment of such library, 
the books, papers and paraphernalia shall revert to such township. 

TOWNSHIP LIBRARY — MANAGERS. 

(Acts 1901, p. 187, Sec. 4908.) 

116. Trustee an ex-ofiicio member of board. In townships where 
a donation library has been established, as provided in Section 117 
herein, the trustee shall be ex-officio one of the trustees, directors or 
other managing officers of such library. 

TOWNSHIP DONATION LIBRARIES ($1,000). 

(Acts 1901, p. 187, Sec. 4907.) 

117. When $1,000 donation is made — Tax levy. In townships 
where there may be established a library by private donation, to the 
value of $1,000 or more, which is for the use and benefit of all the 
inhabitants, including the inhabitants residing in municipal corpora- 
tions in the township, the township advisory board shall annually levy 
a tax of not less than one, nor more than six cents on the $100 upon 
the total taxables of the township and such municipal corporations, to 
be applied to the purchase of books for such library. 

For enlargement of the library the advisory board shall levy not 
more than five cents on the $100, for three. consecutive years for such 
purpose. 

TOWNSHIP DONATION LIBRARY ($25,000 value). 

(Acts 1895, p. 240, Sec. 4606.) 

118. Duty of trustee when $25,000 donation is made. In any town- 
ship where there have been private donations made and a library of 



35 Township Trustees. §119 

the value of $25,000 has been established for the use and benefit of 
the inhabitants of such township, the township trustee of such town- 
ship shall annually levy and collect a tax not more than six cents on 
the $10 0, with the consent of the board of county commissioners, to 
be applied to the purchase of books for such library. 

When necessary to purchase additional ground or for the protection 
of library buildings already established by such donation, the trustee 
may levy a tax of 5 cents on the $100 of taxables for such purpose, 
for not more than three years. 

Note: It is believed that the advisory board, and not the 
trustee, should make the levy for the tax.- — Editor. 

TOWNSHIP DONATION LIBRARY ($1,000 value). 

(Acts 1886, p. 5, Sec. 4905.) 

119. Duty of trustee when $1,000 donation is made. In any town- 
ship where there have been private donations made and a library of 
the value of $1,000 has been established for the use and benefit of the 
inhabitants of such township, the township trustee of such township 
shall make an annual levy of not more than one cent on the $100 of 
taxable property, with the consent of the board of commissioners, to 
be applied to the purchase of books for such library. 

When it becomes necessary to erect or enlarge a library building, 
the trustee may levy an annual tax not more than 5 cents on the $10 0, 
for not more than three years to erect or enlarge such library. 

Note: It is believed that the advisory board, and not the 
trustee, should make the levy for the tax. — Editor. 

LIBRARY — TOWNSHIP TAX. 

(Acts 1911, p. 73, Sec. 6660.) 

120. Election for a library tax for library. The advisory board of 
any township desiring to establish and maintain a public library open 
to and for the free use of all the inhabitants thereof, may levy a tax 
annually of not more than one mill on each dollar of taxable property 
assessed for taxation in such township. If the advisory board do not 
make such levy, then, on the written petition of fifty legal voters of 
any township filed with the county clerk not less than fifteen days prior 
to a township election, the county board of election commissioners 
shall cause to be printed on the township ballots for such township 
the words: "For a township library tax." "Yes." "No." If in the 
election a majority of the votes cast on said question shall be in the 
affirmative, the township trustee shall thereafter levy annually a tax 
of not less than five-tenths of a mill nor more than one mill on each 
dollar of the property taxable in said township for the establishment 
and support of a township library free to all inhabitants of such town- 
ship, which tax shall be levied, assessed, collected and paid as other 
township taxes are levied, assessed, collected and paid: Provided, 
That after such library has been established such tax levy shall be dis- 
continued when, under the above provision, the question of discon- 



§121 Township Trustees. 36 

tinuing such levy shall have been submitted to a vote and the majority 
of the votes cast on said question shall be in the negative: Provided 
further, That if there be located in said township a public library 
open to the use of all the inhabitants thereof, then the proceeds of 
said tax shall be paid to said public library. Be it further enacted, 
that in any township outside of cities in which there has been or may 
hereafter be established by private donations a library of the value 
of ten thousand dollars or more, including the real estate and build- 
ings used for such library for the use and benefit of all the inhabitants 
thereof, the township trustee of such township shall annually levy 
and collect not more than six cents on the hundred dollars, upon the 
taxable property within the limits of such township, which shall be paid 
to the trustees of such library, and be applied by them to the purchase 
of books for said library and to the cost of the maintenance thereof, 
and said trustee may, with the consent of the board of commissioners 
of the county, when it shall become necessary to purchase additional 
ground for the extension or protection of library buildings already 
established by such private donation, annually levy and collect not 
more than five cents on the hundred dollars upon all taxable property of 
said township for not more than three years successively, which shall be 
expended by said trustees in the purchase of said property and the 
erection and enlargement of library building thereon. 

LIBRARY BOARD — TOWNSHIPS UNITING. 

(Acts 1911, p. 73, Sec. 6661.) 
121. Township library board — Townships uniting. In any township 
where a free public library is established as above provided, there shall 
be established a township library board composed of the school town- 
ship trustee and two residents of the township, to be appointed by the 
judge of the circuit court (one of whom shall be a woman). Of the 
first two members of such board so appointed one shall be appointed 
for a term of two years and one for four years, and thereafter the 
term of office shall be four years. Such library board shall have con- 
trol of the purchase of books and the management of such library, 
and shall serve without compensation. Said library shall be the prop- 
erty of the school township, and the school township trustee shall be 
responsible for the safe preservation of the same. Said board shall 
be entitled to the possession and custody of any books remaining in 
the old township library in such township and such board shall be 
empowered to receive donations, bequests and legacies for and on 
behalf of such library, and shall be entitled to receive from the pub- 
lic library commission and state librarian copies of all documents of 
this state available for distribution. Two or more adjacent townships 
may unite to establish and maintain a public library at the discretion 
of the advisory boards, and when two or more townships have so 
united, the combined library boards, appointed as herein specified or 
the board of the public library to which such money is paid as herein 
provided, shall control the library so established. 



37 TownshipvTrustees. §122 

PUBLIC BUILDINGS — CONTRACTORS AND SUB-CONTRACTORS. 

(Acts 1911, p. 437, Sec. 590a-b.) 

122. Complete settlement for public building to be withheld — Con- 
tractors — -Sub-contractors— Laborers — Disputes. Under supplemental 
act 1911, public officers who are empowered to let contracts lor any 
public buildings of State, county or township, or the repair thereof, 
are required to withhold full payment to the contractor until he has 
paid to. the sub-contractor or laborers employed in such contract all 
bills due and owing the same, provided there is a sufficient amount 
owing the contractor to pay all such bills and if there is not such, 
unpaid bills shall be pro rated. 

Such sub-contractor and laborers are required to file their claims 
with the trustee within thirty days from the completion of the public 
work. Where no dispute arises between the contractor and the sub- 
contractor or the laborer, the trustee shall pay, as above, take receipts 
therefor and deduct the sums so paid from amount due the contractor. 
In case a dispute arises between them, sufficient funds shall be re- 
tained by the trustee to satisfy such claims, until such disputes are 
settled and the correct amount determined, when the trustee shall 
pay as aforesaid. 

All contracts for any public building, improvement or repairs, shall 
make provision for such withholding by the trustee of funds sufficient 
to pay for labor, material and sub-contractors, and the bond required 
and given by such contractor shall be so conditioned, provided, how- 
ever that laborers, material-men and sub-contractors shall file such 
unpaid claims with the trustee within thirty days after the labor is 
performed or the material furnished. 

REMOVAL OF COUNTY SEATS. 

(Acts 1895, p.. 217, Sec. 5869.) 

123. Special act 1895 — Counties exceeding 500 square miles — 
Bonds of township. Under one of the acts for removal of county seat, 
see Acts 1895, p. 217, in counties containing an area of over 500 square 
miles, it is provided, that the trustee of the township to which the 
county seat is to be removed shall annually levy a special tax, to be 
known as "the court house and jail tax," for the purpose of paying for 
those county buildings by such township. 

(Acts 1895, p. 217, Sec. 5886.) 

124. Tax levies for payment of these bonds. This act also provides 
for the issuance of bonds to anticipate the tax levies. Such bonds shall 
bear a rate of interest not exceeding six per cent., and shall not be sold 
for less than par. 

The act gives form of this bond and relates the process of sale of 
them. 

The township bears ail the expenses of the removal. 



§125 Township Trustees. 38 

BURIAL OF EX-UNION SOLDIERS. 

(Acts 1907, p. 330, Sec. 9774.) 

125. Duty of the Trustee as to burial of ex-union soldiers or their 
widows. It is the duty of the Trustee to look after and cause to be 
buried by the undertaker designated by the family, if any, or the near- 
est relatives of the deceased, in a decent and respectable manner, in 
any cemetery or burial ground in the State, other than those used ex- 
clusively for the pauper dead, at an expense not to exceed $50, the 
body of any honorably discharged soldier, sailor or marine who may 
have, at any time, served as a regular or volunteer soldier, sailor or 
marine in the army or navy of the United States, or the body of the 
wife or widow of such soldier, sailor or marine, who shall have died 
a resident of this State, not leaving means sufficient to defray the 
necessary funeral expenses, or whose immediate family is in such 
indigent circumstances that its members would be distressed by the 
expense of such burial. 

When such Trustee finds a necessity therefor, he shall in addition to 
such burial, purchase a burial place for such soldier, sailor or marine 
in the most accessible cemetery. 

Note: Relative to this matter, see Gardner v. Board, 161 
Ind. 149, and Shirfey v. Board, 26 Ind. App. 66. 

Note: The act of 1915, at page 12, provides for the burial 
of any honorably discharged soldier, sailor or marine, regular 
or volunteer, or the wife or widow of such; and for the allow- 
ance, by the board of commissioners, of the claim of any in- 
terested person for an amount not exceeding $50.00. 

It also provides for the purchase of a burial place for such, 
not to exceed a cost of $25.00, all to be paid from the county 
fund. 

Note: It is believed that the act of 1915 repeals Sections 
9774 and 9775, Burns' R. S., Sections 125 and 126 this book, 
and that the Trustee is now relieved of the duty of burying 
soldiers and sailors except as far as such duties may be en- 
joined by the poor laws. — The Editor. 

RECORD OF BURIALS. 

(Section 9775.) 

126. Duty of Trustee to report to board — Allowance — Record. The 

record of such burials shall not be kept in the pauper books of the 
township; but such burials shall be promptly reported by the Trustee 
to the county commissioners, and shall be allowed and paid out of the 
county treasury as other legal charges are allowed and paid. 
Note: See notes above. 

SOLDIERS' MONUMENT. 

(Acts 1911, p. 335, Sec. 9589e.) 

127. Law 1913, as to erection of soldiers' monument — Petition. 

Under the provisions of act 1913, upon the petition of a majority of the 
voters, based on the votes cast at last preceding election for secretary 
of state, township Trustees are authorized and empowered to appro- 



39 Township Trustees. §128 

priate from the funds of the township a specific sum for the purpose 
of the erection of a. suitable monument within such township, in com- 
memoration of the soldiers who fought and died in the war of the rebel- 
lion, and in defense of the United States, such sum not to exceed the 
sum which may have been donated to the township for that purpose. 

The township advisory board is authorized under the act to make 
the proper tax levy for such purpose. 

ENUMERATION OF VOTERS — SEXENNIAL. 

(Acts 1865, p. 41, Sees. 7132, 7150, 7151-7154.) 

128. How shall be made — White and colored voters, separately. 

Under the provisions of act 1865, S. p. 41, at the end of each successive 
period of six years after the year 1871, it becomes the duty of the 
township Trustee to take the enumeration of all white male inhabitants 
over the age of twenty-one years. Under the subsequent act of 187 7, 
at p. 59, the enumeration of all colored male inhabitants is required 
to be made at the same time, to be kept in a list to be designated as 
"colored male inhabitants" and to be kept separate from the list of 
"white male inhabitants." 

The work of taking the enumeration of his township may be per- 
formed by the Trustee, or by one or more assistants appointed by him, 
who are required, before entering on such duties, to subscribe to an 
oath to be filed and kept by the trustee, for the honest and faithful 
performance of their duties. 

This enumeration must be made between the first days of January 
and July of such sexennial year. 

The report must contain the names of all persons, as above men- 
tioned, arranged in alphabetical order, showing opposite the name of 
each person, his age as nearly as the same could be ascertained. 

The returns shall contain the certificate of the Trustee under oath 
that all persons named therein are 21 years of age, and that no per- 
son was knowingly or negligently omitted from the list. Assistant 
enumerators are subject to removal at any time by the trustee. 

The lists so taken shall be promptly transmitted to the county 
auditor, and any errors or omissions may be corected by the Trustee 
before such delivery. 

Compensation for such services is the same as for taking the enu- 
meration of school children, and is paid out of the county treasury. 

Any enumerator who shall fail to perform his duty is deemed guilty 
of official negligence, and is subject to a fine of from $50 to $500. 
Thirty days imprisonment in jail may be added. 

Any enumerator who shall be guilty of any fraudulent act or omis- 
sion in relation to his duties, is deemed guilty of official fraud and 
is subject to a fine of from $100 to $1,000. Six months' imprisonment 
in jail may be added. 

Any enumerator who shall willfully and corruptly suppress the 
truth, or make any false statement in regard to his return under his 
oath shall be deemed guilty of perjury, and upon conviction thereof 
shall be punished as is prescribed for that offense. 



§129 Township Tktjstees. 40 

DRIFTS AND OBSTRUCTIONS— CLEARING OF. 

(Acts 1913, p. 945, Sec. 10139a.) 

129. Abutting owners to clean. The act of 1913 regulating the 
clearing of obstructions of any small stream of water, not navigable 
and not exceeding ninety feet in width, between banks, requires that 
abutting owners shall clean out all drifts and obstructions from 
the channel, as to leave the same free and open for the free flow of 
water therein. This is required to be done in equal proportions by 
such owners. 

When the obstruction affects the lands of other owners which do 
not abut such stream, the township trustee after notice by not less 
than two interested parties shall appoint three disinterested parties 
to view such land and determine upon the equitable amount each land- 
owner affected should pay or work out in the removal of such obstruc- 
tions, according to the benefits derived. 

If any person fails to pay such equitable amount so determined, 
or work out the amount thereof, the Trustee shall cause the same to 
be worked out under his direction in removing such obstruction, and 
the cost thereof shall be placed upon the tax duplicate, and the same 
shall be collected as other taxes. 

Any aggrieved person may appeal to the circuit court of his county. 
It is provided, if any township property or roads are affected by 
such obstruction, one-half of the cost of removing such obstruction 
shall be paid by the township and the remainder by the owners af- 
fected. 

Note: It is doubtful whether the provision that the Trustee 
may remove obstructions and make the cost thereof a lien 
upon the land of non-abutting owners is valid, because no 
provision is made for giving notice to such owners. No doubt 
a decision from the courts will be necessary to determine the 
meaning of the last sentence of the act. — Editor. 

DOG TAX. 

(Acts 1S97, p. 178, Sec. 3258-3259.) 

130. Collected by township assessor — Payment to Trustee. The 

tax is collected by the township assessor, who, within five days after 
the completion of the township assessment, must turn over to the 
Trustee all money received by him as dog tax and all records relating 
to its collection and a copy of all receipts issued to persons paying 
such tax. Unpaid dog taxes must be paid to the trustee after the 
assessor completes his assessment. 

(Acts 1892, p. 178, Sec. 3262.) 

131. Delinquent dog owners reported to Trustee — Prosecuting at- 
torney. The township assessor is required to report all delinquent 
dog owners to the Trustee, at the time of making his other report. It 
becomes the duty of the Trustee to report the same to the prosecuting 
attorney, who shall bring action against such persons. If any person 
shall acquire, own, harbor or keep a dog after the assessor shall have 
completed his assessment, such owner shall report to and pay the prop- 



41 TownshipJTrustees. §132 

V 

er tax to the Trustee, whose receipt will exempt the owner from fur- 
ther payment until the next assessment. 

(Acts 1879, p. 178, Sec. 3268.) 

132. Purposes of the fund. The money derived from taxing dogs 
shall be used for the payment of damages sustained by owners of 
sheep, cattle, horses, swine and other live stock, or fowls killed, maimed 
or damaged by dogs within the township. 

(Acts 1897, p. 178, Sec. 3269.) 

133. Claims for damages — Appraisement. The owners of sheep, 
cattle, swine, horses, and other live stock or fowls killed, maimed or 
damaged by dogs, shall within ten days from the time thereof, report 
to the Trustee of his township under oath in which he shall state the 
number and age as he believes, and the value of such stock or fowls 
so killed or damaged, and the damages sustained on account of such 
stock or fowls killed or maimed, in which affidavit he must be joined 
by two disinterested and reputable freeholders, or householders, and 
any person or persons who shall make any false statements of such 
damages, shall upon conviction be fined in any sum, not exceeding one 
hundred dollars to which shall be added imprisonment in the county 
jail, for any term not exceeding thirty days: Provided, however, That 
no appraisement shall exceed the actual cash value for which such live 
stock or fowls would have sold for if placed on the market at the time 
such damage was sustained: Provided, further, That if any township 
Trustee deems the appraisement of such live stock or fowls so killed or 
maimed to be excessive he shall tender to the owner or owners, or credit 
upon his books such amount which in his judgment is equal to the in- 
juries sustained, and if in any action at law by the owners thereof for 
the recovery of such damages, said owner shall fail to recover a judg- 
ment exclusive of costs for an amount greater than the amount so 
tendered the defendant shall recover costs of such suit. 

Note: The claim must be filed with the Trustee within ten 
days from the date when the dog bites, or injures, the animal, ■ 
and not ten days from the date of the death of the animal. 

(Acts 1897, p. 178, Sec. 3270.) 

134. Trustee's registry of claims — Surplus over $100. The Trustee 
shall register all losses in the order in which they are reported: Pro- 
vided, That no person shall receive pay for sheep, horses, cattle, swine 
or other live stock or fowls killed or maimed by any dog or dogs owned 
or harbored by himself: Provided, further, That the dog fund here- 
tofore collected shall be added to and applied with the fund arising 
under the provisions of this act. And when it shall so occur on the 
first Monday of March of any year in any township in the State of 
Indiana that said fund shall accumulate to an amount exceeding one 
hundred dollars over and above orders drawn on the same, the surplus 
aforesaid shall be paid and transferred to the county treasurer of the 
county in which such township is located and the fund arising from 
such surplus from the township of the county shall constitute a county 
dog fund and shall be distributed among the to wn ships of the county 



§135 Township Trustees. 42 

in which the orders drawn against the dog fund exceed the money on 
hand. This distribution shall be made on the second Monday in 
March of each year, and if said county dog fund be insufficient to pay 
for all the live stock or fowls maimed or killed by dogs of all the town- 
ships the distribution shall be made in the ratio of the orders drawn 
against the dog fund of the township and unpaid and unprovided for, 
which ratio shall be obtained from the report of the Trustees of the 
townships made to the auditor of the county which it is hereby directed 
shall be made by each township Trustee of the county upon the first 
Monday of March of each year, which report shall show all receipts 
into the dog fund of his township, and all orders drawn against the 
same in the order in which they were drawn. And when it shall occur 
upon the second Monday in March of any year that there is a surplus 
left of the county dog fund after provisions have been made for the 
payment for all the live stock or fowls killed or maimed, of all the 
townships of the county, such surplus shall be distributed for the 
schools of the county in the same manner the common school reve- 
nue of such county is distributed. 

HYDROPHOBIA FUND — COUNTY AUDITOR. 

(Acts 1911, p. 161, Sec. 7604.) 

135. Five per cent, of surplus dog tax. The county auditor shall 
annually on the first of April of each year pay to the state auditor 
five per cent, of the surplus dog tax collected from the townships of 
the county. The amount received from all county auditors shall con- 
stitute a state hydrophobia fund in the state treasury. 

The surplus exceeding $3,000 at end of fiscal year shall be turned 
into the school fund of the State. 

PUBLIC AID TO RAILROADS. 

(Acts 1903, p. 233, Sec. 5465.) 

136. Extension of aid to railroads applies to interurbans. Under the 
provisions of act 1903, all acts providing for public aid, by donations 
or stock, to railroads were extended to street railroads, suburban or 
interurban roads. 

(Acts 1889, p. 82, Sec. 5464.) 

137. Procedure before board to give aid to railroads. Upon the 
petitir n of 25 freeholders of any township to the board of county com- 
missioners asking that such township shall give public aid to a rail- 
road, by donation or by subscription to stock, if the board shall find 
the purpose of the petition to be of public utility, shall order an elec- 
tion, not less than 30 nor more than 60 days therefrom, to determine 
the majority wish of the legal voters of the township. 

(Acts 1869, p. 92, Sec. 5476.) 

138. Election as public aid to railroads. Upon a majority vote cast 
in favor of the appropriation, the board shall grant the prayer of the 
petition and levy a special tax, not exceeding one per centum of the 
taxables for any one year. 



43 Township Trustees. §139 

(Acts 1875, S. p. 70, Sec. 5477.) 

139. Limitation of such public aid by township. The limit of aid 
to such railroad shall not exceed two per centum of the total taxables 
appearing on the tax duplicate, in any one period of two years. 

(Acts 1879, p. 46, Sec. 5489.) 

140. Township not liable for labor or material claims. Any town- 
ship which shall become the owner or holder of stock in any railway 
shall be not liable for any debt or claim for work, labor or material 
incurred in building such road, after the assets of the company shall 
be exhausted. 

(Acts 1872, S. p. 54, Sec. 5500.) 

141. When aid is taken in stock, Trustee to vote shares. Township 
Trustees shall have the right to vote the stock held by their township 
in all meetings of stockholders of the railroad companies by which 
such stock was issued. 

SALE OF TOWNSHIP PROPERTY— NOTICE. 

(Acts 1915, p. 91, amending Sec. 9567.) 

142. Can only be sold at public auction — Thirty days' notice. No 

township Trustee shall sell any real or personal property of such town- 
ship except at public auction after notice for thirty (30) days prior 
to the day of sale, by posting notices thereof at six (6) public places 
in said township of the time, terms and place of said sale, giving a 
description of the property to be sold: Provided, That any gravel or 
other road material belonging to such township may be sold by the 
Trustee of such township with the approval of the advisory board with- 
out giving notice and without offering such gravel or other road ma- 
terial for sale at public auction. All money derived from the sale of 
such gravel or other road material shall be carried into the township 
treasury and shall constitute a part of the township road fund and 
shall be disbursed as the other moneys belonging to such fund are 
disbursed. 

(Acts 1915, p. 135.) 

142a. Transfer of property by civil townships. Any building or 
other property belonging to any civil township in this state may be 
conveyed to the corresponding school township in the manner pre- 
scribed in this act. 

In order to effect the transfer or conveyance of any building or 
other property from any civil township to the corresponding school 
township, a petition may be filed with the board of commissioners of 
the county in which such civil township is situated, asking for the con- 
veyance or transfer of such building, or other property, the nature of 
the building or other property to be conyeyed or transferred, and the 
reasons for desiring to effect such conveyance or transfer. The peti- 
tion shall be signed by a majority of the legal voters resident within 
such civil township and shall be filed in the office of the county auditor. 
At the time of filing such petition the petitioners shall give a bond 



§143 Township Tktjstees. 44 

with good and sufficient freehold sureties, payable to the state, to be 
approved by the board of commissioners, conditioned to pay all ex- 
penses in the event the board of commissioners shall fail to authorize 
the proposed conveyance or transfer. Immediately after such petition 
shall have been filed the county auditor shall give notice of the filing 
of such petition by causing publication: to be made once a week for 
two (2) consecutive weeks in one newspaper printed and published 
in the county and of general circulation in the county in which such 
civil township is situated. The board of commissioners shall hear the 
petition at their next regular term, and on the day designated in the 
notice and shall determine all matters pertaining thereto, and if such 
board shall be satisfied as to the propriety of granting the prayer of 
the petitioners, they shall so find, and thereupon the Trustee of such 
civil township shall convey such building or other property belonging 
to such civil township to such corresponding school township and such 
school township shall thereafter hold, control and manage such build- 
ing or other property. All expenses incurred in the conveyance of 
such property if such conveyance be authorized, shall be paid out of 
the general funds of such civil township. 

SCHOOL LANDS — CUSTODY AND CARE. 

(Acts 1873, p. 79, Sec. 6186-6188.) 

143. Congressional school lands — Who shall manage — Leases — Re- 
ports. The custody and care of school lands belonging to the congres- 
sional school fund shall be with the Township Trustee of the civil town- 
ship wherein contained. He is required to report annually to the 
county auditor, by the fourth Monday in March, the annual income 
derived therefrom. This report must embrace all particulars as to 
rents, collections, amounts uncollected and reason therefor. 

Upon a majority vote of resident voters of such congressional town- 
ship, the Trustee has power to lease such lands, for money, property 
or improvements, for a time not exceeding seven years. 

When such school section shall be divided by a county or civil town- 
ship line, or where the substituted section lies within any other county, 
the voters of the congressional township shall designate, by a vote, or 
by the written direction of a majority thereof, the Trustee of a civil 
township, which includes a part of such section, to have the care and 
custody of said section, and carry out the directions of the voters of 
the township, thereto. 

Such Trustee shall have same powers and duties as if the whole of 
such section was within his civil township. 

SCHOOL LANDS — POWER OF TRUSTEE. 

(Act 1865, p. 3, Sec. 6196.) 

144. Powers of a landlord given Trustee. The Trustee shall have 
all the rights and powers of a landlord, in his official name, in coercing 
fulfillments of contracts relating to school lands, and preventing waste 
or damage, or for recovery of the same when committed. 






45 Township Trustees. §145 

SCHOOL. LANDS — SALE OF. 

(Acts 1865, p. 3, Sec. 6197.) 

145. Procedure to sell. At any time when five voters of the con- 
gressional township shall by petition to the Trustee having charge of 
such school land, belonging thereto, set forth their desire for the sale 
of the part or whole thereof, the Trustee shall give public notice in 
five public places in said township, of the time and place in such town- 
ship when and where a balloting will be had to determine whether said 
school land shall be sold as petitioned, or not. 

Twenty days' notice of such meeting is required. 

SCHOOL LAND — PROCEDURE OF SALE. 

(Acts 1865, p. 3, Sec. 6198.) 

146. Record of all proceedings required. All proceedings relating 
to such petition and the action of the Trustee therein shall be made a 
matter of record. 

SCHOOL LAND. 

(Acts 1865, p. 3, Sec. 6201-6202.) 

147. Election to sell — Report to county auditor. Full details con- 
cerning such election, its record and trustee's duty in reporting results 
to the county auditor is given at length in the act. 

COUNTY SUPERINTENDENT — ELECTION. 

(Acts 1911, p. 28.) 

148. Extension of term, act 1911. Under the provisions of the 
amended act of 1911, the Township Trustees were required to meet at 
the office of the county auditor on the first Monday in June, 1911, and 
every four years thereafter, and elect by ballot a county superintend- 
ent for such county. 

(Acts 1913, p. 160, Sec. 6376.) 

149. Election in June, 1917. This was further amended by act 
1913, page 160, which gave an extension of two years to the term of 
the county superintendent, requiring the Township Trustees to meet 
first Monday in June 1917, to elect such superintendent. 

(Acts 1911, p. 156, Sec. 6376 and 6378.) 

150. Qualifications — How vacancy is filled. It is required that a 
person to be eligible as county superintendent and to hold such office 
must have been actively engaged in school work for a period of not 
less than two years out of the ten years preceding his election and 
hold at such time of his election, either three years' state license, a 
sixty months' license, a life or professional license, granted upon exami- 
nation as now provided by law. 

Whenever a vacancy occurs in such office, upon a three days' notice 
of the county auditor, the Township Trustees shall assemble at ten 
o'clock a. m. on such day designated, at the office of the county auditor 
and fill such vacancy by ballot for the unexpired term. 



§151 Township Trustees. 46 

(Acts 1873, p. 75, Sec. 6402.) 

151. Books open for inspection at all times — Duty of county super- 
intendent. The dockets, official records and books of accounts of all 
officers, including the Township Trustee, as to all school matters, shall 
be open at all times, to the inspection of the county superintendent. 
The superintendent is required to bring suit in the name of the State 
for recovery from public officials of all school monies which may have 
been wrongfully withheld, or misapplied by such officials. 

COUNTY BOARD OF EDUCATION. 

(Acts 1877, p. 122, Sec. 6403.) 

152. Who compose this board — Its duties — Meetings. The county 
superintendent, the Township Trustees and the chairman of the school 
boards of each school town and city of the county, shall constitute the 
county board of education. 

Such board shall meet semi-annually on first day (Sunday excepted) 
in May and September at the office of the county superintendent, which 
officer shall preside at all meetings. 

The board shall consider the general wants and needs of the schools 
and school property in their charge and all matters relating to the 
purchase of school paraphernalia. 

The management of township libraries shall be determined, and 
each school township shall conform therewith as nearly as prac- 
ticable. 

No change in a text-book which has been adopted can be made for 
six years from the time of its adoption, except by unanimous vote of 
all the members of the board; and in no case for three years from the 
date of its adoption. 

A majority of the members of the board shall constitute a quorum. 

(Acts 1915, p. 151, amending Sec. 6678.) 

153. Elects county attendance officer. It is the duty of this board 
to meet on the first day of May in each year for the purpose of electing 
a county attendance officer. Such officer takes his office on the first 
day of the following August. 

This comes up under the compulsory education law, Acts 1913, p. 
616, which repealed the "truancy law" of 1901, page 470. 

PUPILS — BENEVOLENT INSTITUTIONS. 

(Acts 1865, p. 124, Sec. 3427-3432.) 

154. How pupils are to be admitted to. Applications for admission 
to the state benevolent institutions, viz.; for education of the blind; 
the deaf and dumb, or hospital for the insane, must be accompanied 
by the certificate of a justice of the peace, that the applicant is a legal 
resident of the county stated in the application. 

When it is deemed necessary by the proper officers of such insti- 
tution that a pupil should be removed therefrom by reason of ill health; 
a vacation of such school; a completion of the course of instruction, or 



47 Township Trustees. §155 

because of disqualification for longer continuance as a pupil; it be- 
comes the duty of the superintendent of the institution to cause such 
pupil to be delivered to the Trustee of the township, where he resided 
before coming to the institution; and the expense therefor shall be 
paid by the county, and the treasurer shall charge the same to the 
proper township. 

ORPHANS' HOME— ADMTS8ION. 

(Acts 1893, p. 307, Sec. 3641.) 

155. How commitments are made. 

Note: The act of 18 93, page 307, Section 3641 Burns' R. S. 
provided for the admission to the county orphans' home 
through the Township Trustee. 

It is deemed this has been superseded by a later law, Acts 
19 07 at page 59, which provides for such admission through 
the judge of juvenile court. 

When a child under the care of the Trustee should be sent 
to an orphans' home, the Trustee can bring the case to the 
attention of the judge of the juvenile court, either in term 
time or in vacation. A child can not be supported in an 
orphans' home by the county unless it has been made a 
public ward by the juvenile court (the circuit court in all 
counties except Marion). 

THE POOR. 

(Acts 1901, p. 323, Sec. 9741). 

156. Overseer of the poor — Duties. The Township Trustee is ex- 
officio overseer of the poor within his township, and performs all du- 
ties with reference to the poor in such township that may be prescribed 
by law. 

(Acts 1901, p. 323, Sec. 9744.) 

157. Duty towards poor with legal settlement in his township — 
County asylum. Every county shall maintain a county asylum for the 
poor, in addition to other charitable institutions for the poor, and 
shall support therein such poor and indigent persons, lawfully settled 
in the county, as may be placed there by the Township Trustee. 

The county council shall appropriate and the board of commis- 
sioners shall advance to the Township Trustee the money necessary 
for the relief and burial of the poor in each township, which money 
shall be accounted for and repaid to the county treasury as will be 
later explained. 

In other words, the county cares for the poor which are inmates of 
the asylum and the Trustee cares for the resident poor of his township, 
who have a legal settlement. 

(Acts 1901, p. 323, Sec. 9745.) 

158. What constitutes a legal settlement. A legal settlement in 
the county or township, so as to obtain relief and support, may be 
acquired as follows: 

1st. The settlement of a married woman shall always follow that 
of her husband, if he has a settlement in the State, otherwise she re- 



§159 Township J Trustees. 48 

tains her own at time of her marriage, which shall not be lost or 
suspended by such marriage. 

In case the husband and wife have resided six months in any 
county of the State, and he shall afterwards abandon her, and she had 
a residence at the time, her settlement shall be in such resident town- 
ship. 

2d. Legitimate children follow the settlement of the father, if he 
has one in the State, until they gain one of their own. If the father 
has no settlement within the State they then shall have the settlement 
of the mother, if she has any. 

3d. Illegitimate children shall follow the settlement of their moth- 
er at the time of their birth, if she had any in the State. 

Neither legitimate nor illegitimate children shall gain a settlement 
by birth where born unless the parent or parents had a settlement 
therein at the time. 

4th. Every male person and unmarried woman over the age of 
21 years, resident, without interruption, in any township for one whole 
year, acquires a settlement. 

5th. Every minor whose parent, and every married woman whose 
husband has no settlement in the State, who shall have resided con- 
tinuously in any township one whole year, shall thereby gain a settle- 
ment therein. 

6th. Every minor apprenticed in good faith shall thereby acquire 
a settlement with the master or mistress. 

7th. Every settlement acquired shall last until it is lost or de- 
feated by acquiring a new one in the State, or by willful and uninter- 
rupted absence from the township, for one whole year or upwards, or 
upon acquiring a new settlement. 

(Acts 1901, p. 323, Sec. 9746.) 
15f>. Relief — Medical and surgical attendance. The Trustee has the 
oversight and care of all poor persons in his township so long as they 
remain in charge, and shall see that they are properly relieved and 
taken care of in manner required by law. 

He must in cases of necessity promptly provide medical and sur- 
gical attendance for all poor of the township who are not cared for 
in public institutions and see that such medicines as are prescribed are 
promptly furnished. 

(Acts 1901, p. 323, Sec. 9747.) 
160. Trustee to make investigation in all cases. Whenever a claim 
for relief shall be made upon the Trustee, it becomes his duty to in- 
vestigate the circumstances of the parties claiming to be poor and in 
distress. 

This embraces their legal settlement, physical condition of sick- 
ness or health, present or prior occupation, ability and capacity for 
labor, their ages and names, and the ability and capacity of all the 
members of their family; and if they are found in distress, the cause 
of their condition, if it can be ascertained; and make inquiry, whether 
or not, such claimants have family relations who are willing to assist 
them. 



49 Township Trustees. §161 

(Acts 1901, p. 323, Sec. 9749.) 

161. Shall insist that all able-bodied persons shall work — Seeks em- 
ployment. If the poor persons applying are in good health, or if any 
members of their family are so, the overseer shall insist that those 
able to labor shall seek employment and he shall refuse to furnish 
any aid until he is satisfied that the persons claiming help are en- 
deavoring to find work for themselves. The overseer, in such cases, 
shall make all possible effort to secure employment for the able-bodied 
in the township where they reside and may call upon residents of the 
township to aid him in finding work for such persons as are able to 
labor. 

(Acts 1901, p. 323, Sec. 9748.) 

162. When temporary aid shall he given. In cases of immediate 
and pressing suffering, the Trustee must furnish such temporary aid as 
may be necessary, but before further, final or permanent relief can be 
given the Trustee must determine whether it can be accomplished by 
other means than an expenditure of township funds. 

(Sections 9751-9752.) 

163. Limitation of $15 in value to any person or family. Persons 
who have legal settlement in the township, however, are entitled to 
any relief that may be necessary. At any time that such relief, outside 
of school aid, medical aid or burial, amounts to $15, authority must be 
had from the county commissioners before more is given. This does 
not limit aid to $15 a month, or a quarter, or a year. It simply means 
that whenever that amount has been given, the case must be reported 
to the county commissioners, for such action as they may decide to 
take. 

(Section 9751.) 

164. Board of commissioners consent for excess over $15 — Pro- 
cedure. The Trustee, upon application to the board of commissioners 
for such further relief, shall present a full statement of the case, with 
schedule, showing: 

The full names and ages of persons, or if for families, of the mem- 
bers thereof; previous occupation; condition of health; fitness for 
labor; capacity or ability for work; what near relatives within the 
township; and the efforts of trustee to secure employment for those 
able to labor. 

(Sections 6683, 9751-9752.) 

165. Limitations to poor relief. Pod medical aid, burial or aid 
under the compulsory education law, the Trustee shall give whatever 
is necessary. For other forms of aid, he cannot give more than $15 to 
any one applicant without the approval of the county commissioners. 

(Acts 1901, p. 323, Sec. 9750.) 

166. Removal to county asylum upon refusal to work — Relatives. 

If a claimant for relief, having relatives within the township, has been 
given relief, further aid shall be refused until the trustee shall have 
called upon such relatives of such poor persons and has asked of them 

4—4843 



§167 Township Trustees. 50 

to help such poor relatives for either material relief or by furnishing 
them employment. 

If any person so applying is able to work, and refuses to labor 
when given opportunity, further aid shall be refused to such person 
except admission to the county poor asylum, where he shall be com- 
pelled to work. 

(Acts 1901, p. 323, Sec. 9753-9754.) 

167. Trustee's co-operation with organized charity societies. The 

Trustee shall co-operate with societies for the relief of the poor, or 
other organizations for charitable purposes, if any, in his township, 
and give and ask for information concerning the poor of his township. 

He shall co-operate with such charitable associations to the end 
that there shall be no unnecessary duplication of relief, and that the 
creation of new families of paupers, through misguided and useless 
alms, may cease. 

He shall also seek the aid of such societies in securing employ- 
ment for claimants who are able to work. 

(Acts 1901, p. 323, Sec. 9755.) 

168. When may give aid to non-residents. The Trustee may, in 
proper cases, give temporary aid to persons who are sick, aged, injured 
or crippled and unable to travel even though they are non-residents of 
his township. 

It is unlawful for the trustee to aid able-bodied non-residents, ex- 
cept by providing some form of manual labor. The Trustee shall en- 
deavor to provide some form of hard manual labor for non-resident 
able-bodied applicants for relief. 

(Acts 1901, p. 323, Sec. 9756.) 

169. When may furnish transportation to non-residents. Expendi- 
tures by the Trustee on account of transportation of non-residents can 
be lawfully made only after inquiry has disclosed the legal residence 
of the person applying, and when given, the transportation must be in 
the direction of such legal residence, unless it be shown beyond rea- 
sonable doubt, that the person has some valid claim for support, or 
some means of support, in some other place towards which the appli- 
cant shall ask to be sent. Such inquiry may be made by correspond- 
ence, or otherwise. It is unlawful to furnish transportation to an 
able-bodied non-resident. Sec. 9755, Burns' R. S. 

(Section 9758.) 

170. Penalty for violation of poor laws. Any Trustee violating any 
of the poor laws, shall be fined $5 to $20. 

(Sections 9759-9 7 60.) 

171. Record of all relief given — Duplicate reports to board. The 

act, 1901, p. 323, requires the Trustee, who administers relief to per- 
sons not inmates of any public institution, to keep a record of the full 
name; age; sex; color; married or single, and nationality of person to 
whom relief is given; also the date; amount in money, or value and 
kind. He shall furnish the auditor with two copies of such record. 



51 Township Trustees. §172 

When relief is given to one for use of another, the record should 
show the number of such recipients; age and sex; and, if restricted 
to a single family, it shall show the name; age; sex; color, and na- 
tionality. 

The record must be made to show the reasons for giving relief in 
each instance. 

In the absence of such record and duplicate copies, it is unlawful 
for the board of commissioners to approve or allow payment of the 
expense of such relief to any person not an inmate of a public chari- 
table institution, until the two copies, as above mentioned, shall have 
been duly filed with the auditor. 

(Section 9 7 61.) 

172. When aggrieved poor person may appeal to board of county 
commissioners. If any poor person shall suppose that he or she is 
entitled to the benefit of the laws for such relief, and the Township 
Trustee has refused to give such relief, the claimant may apply to the 
board of commissioners, which may, if it thinks proper, direct the trus- 
tee to give the relief. 

(Section 9762.) 

173. Duty when legal residence is not certain. In case the Trustee 
is unable to ascertain the legal settlement of a poor person in need 
within the township, he shall proceed to provide for such poor per- 
son, in the same manner as by law directed to provide for other poor 
persons. 

(Section 9763.) 

1 74. When Trustee shall place poor non-resident in asylum. When- 
ever any person entitled to relief as a pauper shall be in any township 
in which he has not a legal settlement, if deemed advisable, the Trus- 
tee shall grant such relief by placing such person temporarily in the 
county poorhouse, to be employed so far as such person is capable of 
employment. 

(Section 9764.) 

175. When non-resident likely to become a public charge. Upon 
complaint of any overseer of the poor, any justice of the peace may, 
by his warrant directed to and to be executed by any constable or by 
any other person therein designated, cause any poor person found in 
the township of such overseer, likely to become a public charge and 
having no legal settlement therein, to be sent and conveyed, at the 
expense of the county, to the place where such person belongs if the 
same can be conveniently done; but if he or she can not be so re- 
moved, such person shall be relieved by such overseer whenever such 
relief is needed. 

Note: For the proper practice in such proceedings see 
Cicero Township v. Palconberry, 14 Ind. App. 237. 

(Section 9765.) 

176. Appeal of receiving Trustee to the board of commissioners. 

The Trustee of the township to which paupers may be sent by virtue 
of Section 97 64, feeling aggrieved at such delivery of pauper to his 



§177 Township Trustees. 52 

township, may within twenty days appeal to the circuit court, of the 
county from which such paupers are sent, as other appeals are taken 
from justice's court. 

(Section 9768.) 

177. When has legal residence, Trustee must receive. If any person 
is removed to a township, by virtue of such judgment of the justice, 
it is the duty of the Trustee to receive such person if he has a legal 
settlement in that township. 

(Section 9771.) 

178. January report of poor and settlement — Board of county com- 
missioners. As overseer of the poor of his township the Trustee must 
make settlement with the board of county commissioners annually dur- 
ing the first ten days of January, or oftener if such board shall so 
direct, of all poor relief for the past year and file all vouchers there- 
for as required by law. 

(Section 977 2.) 

179. Board's power to require reports more often. Boards of com- 
missioners are likewise directed to make such settlement with the 
Trustee at least once every year, and oftener if the board shall deem 
the same necessary. 

(Section 9773.) 

180. Complaint for needy sick non-resident — Expense of burial. 

It shall be the duty of the Trustee, on complaint made to him that any 
person not an inhabitant of his township is lying sick therein, or in 
distress, without friends or money, and likely to suffer, to examine 
into the case of such person and to grant temporary relief as may be 
required. 

If any person shall die in any township, who shall not leave money 
or other means necessary to defray funeral expenses, it shall be the 
duty of such Trustee to provide for and superintend the burial of 
such deceased person, the necessary expenses whereof shall be paid 
by the township and upon the order of the Trustee. 

(Section 9776.) 

181. When Trustee shall bind out poor children. It shall be the 
duty of the Township Trustee to bind out such poor children as fall 
under his care and charge, from time to time. He shall see that the 
children, so bound, shall be properly treated by the persons to whom 
they are bound, and shall take legal means of redress in case of mal- 
treatment. 

Within 3 days after children are bound out, the trustee shall 
report the fact to the county auditor, together with name and resi- 
dence of the persons to whom the children are bound. The auditor shall 
include such facts in his next report to the board of state charities. 

Note: The statute of 18 52 providing for binding out chil- 
dren by Trustees is Section 8383 Burns' R. S. 

This section refers to children not made public wards by 
juvenile courts. See Section 155, this book. 



53 Township Trustees. §182 

(Section 9777.) 

182. When duty to remove paupers to county asylum. Township 
Trustee shall, from time to time, as persons become permanent charges 
upon his township, as paupers, have such persons removed to the 
county asylum. 

POOR — REPORT OF EXPENSES, LEVYY OF TAX. 

(Acts 1907, p. 256, Sec. 9778.) 

183. Auditor's duty to keep poor account — September report to 
board. The county auditor of each county shall report to the board of 
county commissioners on the first day of the regular September term 
of said court, annually, the amount advanced during the preceding nine 
months and an estimate of the same for the remaining three months 
of the then current calendar year, to the overseer of the poor for poor 
relief and for medical attendance of the poor of each township by 
said board. When the township levies are made the proper authorities 
of each township, for the poor of which any such advancements have 
been made, shall levy a tax upon the property of such township, to re- 
imburse the county treasury for payments made on such advancements, 
which taxes shall be collected as are other township taxes, and shall 
be paid into the county treasury. If the proper authorities of any 
township shall fail to levy a sufficient tax to repay such advance- 
ments, the county auditor shall levy the same. The county auditor 
shall keep a debit and credit account with each civil township, show- 
ing the amounts received on said levy and the amounts advanced by 
the boards of county commissioners to the overseers on account of 
the relief and burial of the poor, and on the first day of January of 
each year shall balance the account and as soon thereafter as possible 
transmit a statement of the balance to the overseers of the poor of 
the townships. Such balance shall be taken into account in making 
the levy for the reimbursement of the county the ensuing year. 

HOSPITALS — COUNTY MAINTENANCE — TUBERCULOSIS. 

(Acts 1913, p. 474, Sec. 3776z-3776al.) 

184. 1913 law — Duty of the trustee — Non-resident patients. The 

act 1913, p. 474, providing for the establishment of hospitals by the 
board of county commissioners, arranges for the admission of non- 
residents of the county as patients, as follows: 

In any county not having a county hospital for the care and 
treatment of persons suffering from tuberculosis, a township trustee 
of any township of the county, upon the receipt of the application 
and certificate hereinafter provided for, may apply to the superintend- 
ent of a hospital established by any other county, for the admis- 
sion of such patient. Any person residing in a county in which there 
is no such hospital, who desires to receive treatment in such a hos- 
pital, may apply therefor in writing to the Township Trustee of the 
township in which he resides on a blank to be provided by said super- 
intendent for the purpose submitting with such application a written 
certificate signed by a reputable physician on a blank to be provided by 



§185 Township Trustees. 54 

the Township Trustee for such purpose, stating that such physician 
has, within ten days, next preceding, examined such person, and 
that in his judgment, such person is suffering from tuberculosis. 
The Township Trustee, on receipt of such application and certificate, 
shall forward the same to the superintendent of any hospital for the 
care and treatment of tuberculosis. If such patient be accepted by 
such hospital the Township Trustee shall provide for his transporta- 
tion thereto, and for his maintenance therein at a rate to be fixed as 
hereinafter provided. 

When admitted — Compensation. Whenever the superintendent 
of such a county hospital shall receive from a ToAvnship Trustee of 
any township of any other county an application for the admission 
of a patient, if it appears from such application that the person therein 
referred to is suffering from tuberculosis, the superintendent shall 
notify said person to appear in person at the hospital, provided there 
be a vacancy in such hospital and there be no pending application from 
a patient residing in the county in which the hospital is located. If, 
upon personal examination of the patient, the superintendent is satis- 
fied that such patient is suffering from tuberculosis, he shall admit 
him to the hospital. Every patient so admitted shall be a charge 
against the township sending such patient, at a rate to be fixed by the 
board of managers, which shall not exceed the per capita cost of 
maintenance therein, including a reasonable allowance for interest 
on the costs of the hospital; and the bill therefor shall, when verified, 
be audited and paid by the Township Trustee of the township. 

The said Township Trustee shall cause an investigation to be made 
into the circumstances of such patient, and of his relatives legally 
liable for his support, and shall have the same authority as an over- 
seer of the poor in like circumstances to collect therefrom, in whole 
or in part, according to their financial ability, the cost of the mainte- 
nance of such person in ^,aid hospital. 

ANTITON1NE BLANKS — RECORD. 

(Acts 1907, p. 260, Sec. 7626.) 

185. Trustees to be supplied with blank applications. Under the 
provisions of act 1907, all counties, cities and towns are required to 
supply free of charge diphtheria antitoxin to people too poor to pur- 
chase the same. 

The state board of health shall supply uniform blanks to all 
county health officers, who shall supply them to Township Trustees, 
and others. Trustees shall at all times keep themselves supplied with 
the application blanks for the purpose of supplying them to physicians 
when needed. 

TOWNSHIP TRUSTEE — AS SCHOOL TRUSTEE, DUTIES. 
(Acts 1901, p. 514, Sec. 6410.) 

186. General duties as Trustees of schools — Powers of Trustee — 
Graded high schools. The duties of the School Trustee of the town- 
ship are various. Among his duties are: 



55 Township Tkustees. §187 

1st. He shall take charge of the educational affairs of his town- 
ship; 

2d. He shall employ teachers, establish and locate conveniently 
a sufficient number of schools for the education of the children therein; 

3d. He shall build or otherwise provide, suitable housese, furni- 
ture, apparatus and other articles and educational appliances neces- 
sary for the thorough organization and efficient management of said 
schools; 

4th. He may also establish and maintain in his township, as 
near the center thereof, as seems wise, at least one separate graded 
high school, to which shall be admitted all pupils who are sufficiently 
advanced provided at such time there are at least 25 common school 
graduates of school age residing in such township; 

5th. He may join with school trustees of one or more school 
corporations and may establish and maintain joint graded high schools, 
in lieu of separate graded high schools, and when so done they jointly 
shall have the care, management and maintenance thereof; 

6th. He may, instead of building a separate high school for his 
township, transfer the pupils of his township competent to enter a 
graded school to another school corporation. 

SCHOOLS — MEDICAL INSPECTION OF CHILDREN. 

(Acts 1911, p. 485, Sec. 6585a.) 

187. Examinations by physicians — Compensation of physicians. 

Under the provisions of act 1911, the School Trustees are permitted 
and recommended to institute medical inspection of all school children 
under their charge, and for such purpose may appoint at least one 
school physician for each school corporation. No physician shall have 
more than 2,000 school children under his charge. The statute requires 
that the physician shall be temperate, able-bodied and clean in per- 
son and in character. His compensation shall be determined by the 
Trustee. 

Such school physician shall serve one year, but he may be dis- 
charged at any time. 

SCHOOLS — CONTAGIOUS DISEASES. 

(Acts 1911, p. 121, Sec. 6616b.) 

188. Duty as to prevention of contagious and infectious diseases. 

Whenever diphtheria, scarlet fever or other contagious and infec- 
tious diseases break out in any township school, the trustee having con- 
trol shall have medical inspection made of the pupils, and all found 
in any degree ill, shall be sent home and there retained until the local 
health officer gives a certificate of health, then such child may be 
again admitted to school. 

Trustees are prohibited from employing teachers or janitors who 
are not able-bodied or who are addicted to drugs or who are intem- 
perate or who have tuberculosis or syphilis. 



§189 Township Trustees. 56 

SCHOOLS — UNCLEANLINESS. 

(Section 6616b.) 

189. Penalty for neglect annually to clean schoolhouse. All 

schoolhouses shall be specially cleaned and disinfected each year be- 
fore they are used for school purposes. The act provides that the 
cleaning shall consist in first sweeping, then scrubbing the floors, wash- 
ing the windows and all wood work, including the wooden parts of 
seats and desks. 

The disinfecting shall be done in accordance with the rules of 
the state board of health. 

Township Trustees, and other school authorities, who neglect or 
refuse to obey the provisions of the act shall be fined from $10 to 
$100. Each refusal or neglect shall constitute a separate offense. 

SCHOOLS — LENGTH OE TERM. 

(Acts 1899, p. 424, Sec. 6411.) 

190. Six months of school required each year. The trustee shall 
maintain a term of school at least six months in duration, and his 
local tuition levy must be sufficient for this when added to the state 
tuition revenues. 

CONTROL OF PROPERTY. 

(Acts 1907, p. 385, Sec. 6412.) 

191. Has control and management of all property of civil township 
— Janitors. The School Trustee shall have the care and management 
of all property, real and personal, belonging to the township for com- 
mon school purposes, except congressional township lands, (Section 16 
of each congressional township which has not been sold), which shall 
be under the care of the Trustee of the civil township in which such 
section 16 is situated. 

The Trustee shall provide such janitor help as may be deemed 
necessary to properly care for the schools and premises under their 
control, who shall be paid from the special school fund. 

Note: Only four townships in the State have congressional 
school lands that have not been sold. — Editor. 

UNITED STATES FLAG. 

(Acts 1911, p. 453, Sees. 6413-6414.) 

192. Duty to have display of U. S. flag. On the petition of a 
majority of the patrons of any school the Trustee shall procure a 
United States flag not less than six feet in length. 

The Trustee shall cause the United States flag to be displayed upon 
every public school building under his control on every day such 
school is in session, the weather conditions permitting. The Trustee 
shall establish rules and regulations for its proper care and custody 
and display of the flag, and when for any cause it is not displayed, it 
shall be placed conspicuously in the principal room or assembly hall 
of the school building. 



57 Township Trustees. §193 

(Sections 6415-6516.) 

193. Penalty for mutilation of U. S. flag. It is declared a mis- 
demeanor to destroy or mutilate any flag owned by a school corpora- 
tion, or to mutilate a flagstaff, and the offense is punishable by a 
fine of not less than $2 5, and not more than $100 for the second 
offense. 

TEACHERS' REPORT. 

(Acts 1865, p. 3, Sec. 6424.) 

194. Required to retain 25 per cent, of teachers' pay. To enable 
Trustees to make the reports required by the law, covering statistics 
relating to schools, it is required that the teachers of such schools 
shall, at the expiration of the term of his or her school, furnish such 
complete report to the Trustee. 

Until such report shall have been filed by the teacher with the 
Trustee, he shall not pay the teacher more than 75 per centum of 
the wages of such teacher. 

TRUSTEE'S REPORT TO COUNTY SUPERINTENDENT. 

(Acts 1883, p. 119, Sec. 6425.) 

195. August report for year ending July 31st. The school year 
ends with July 31 of each year. The Trustee is required to file his 
annual report, on the first Monday in August, with the county super- 
intendent. This is made up from the teachers' statistical reports to the 
Trustee, and shall embrace the following: The number of districts; 
schools taught, and their grades; teachers, males and females; aver- 
age compensation of each grade; balance of tuition revenue on hand 
at the commencement of the current year; amount received during 
the year from the county treasurer, and amount expended within 
the year for tuition; and balance on hand; length of school taught 
within the year, in days; schoolhouses erected during the year; the 
cost of the same; the number and kind before erection, and the es- 
timated value thereof, and of all other school property; number of vol- 
umes in the library, and the number taken out during the year ending 
the 31st day of July; also the number of volumes added thereto; 
assessment on each one hundred dollars of taxable property, and on 
each poll of special tax for schoolhouse erection, and amount of such 
levy; balance of special school revenue on hand at the commencement 
of the current year; amount received during the year from the county 
treasurer; the amount of said revenue expended during the year, and 
balance on hand; the number of acres of unsold congressional school 
lands, the value thereof, and the income therefrom; together with such 
other information as may be called for by the county superintendent 
and the superintendent of public instruction. 

FAILURE TO REPORT. 

(Acts 1865, p. 3, Sec. 6426.) 

196. Penalty for failure to report — Duties of county superintendent 
and county auditor. Upon failure of the Trustee to file the reports re- 



§197 Township Trustees. 58 

quired to be made and filed with the county superintendent at the 
time and manner when due, the superintendent shall, within one 
week of the time the next semi-annual apportionment is to be made 
by the county auditor, notify such auditor, in writing, of the Trus- 
tee's failure. 

Whereupon the auditor is required to diminish the apportionment 
of such township by the sum of $2 5, and withhold from such delinquent 
Trustee the warrant for the money apportioned to such township until 
such delinquent report is duly made and filed. 

The board of commissioners may sue the delinquent Trustee on his 
bond, for the $25 and any additional damages to the township. 

SCHOOL PROPERTY. 

(Acts 1865, p. 3, Sec. 6609. ) # 

197. Title of all lands to be conveyed to the township. The title 
to all lands acquired for school purposes shall be conveyed to the town- 
ship, incorporated town, or city for which it is acquired, in the corpo- 
rate name of such township, town or city, which is used for school 
purposes, for the use of common schools therein. In all cases in which 
the title to any such land is vested in any other person or corporation 
than as above provided, it shall be the duty of the Trustee, for school 
purposes of the township, town, or city, to procure the title to be vested 
as in this section provided. 

SCHOOLS — DONATION AND BEQUESTS. 

(Acts 1877, p. 126, Sec. 6624-6627.) 

198. Duty of Trustee upon donation exceeding $5000. Under the 
provisions of act 18 77, whenever any person shall give or bequeath 
any sum of money exceeding $5,000 for the purpose of erecting a public 
school building, or seminary in any unincorporated town, with the im- 
plied or expressed condition, that an amount equal thereto shall be 
raised by the citizens of such town or township for a like purpose, upon 
petition of a majority of the legal voters of such township, the Town- 
ship Trustee shall be authorized to issue the bonds of such township, 
in anticipation of a revenue derived from a special tax. 

(Sections 6624-6627.) 

199. Proof of signatures — Bond issue — Full record of proceedings. 

The Trustee shall require proof, by affidavit, that the signatures to the 
petition are genuine and that a majority of the legal voters have 
signed the same. 

Such bonds shall bear a rate of interest not exceeding seven per 
cent, per annum, payable within seven years from their date of issue, 
and shall not be sold for less than 95 cents on the dollar. 

A full record shall be made of the petition and all proceedings of 
the issue and sale of such bonds. 



59 Township Trustees. §200 

OATHS. 

(Acts 1865, p. 3, Sec. 6669. 
200. All school officers empowered to administer. All school of- 
ficers are authorized and empowered to administer all oaths relative 
to school business appertaining to their respective offices. 

SCHOOLS — HOOKS FOR THE POOR. 

(Acts 1891, p. 99, Sec. 6341.) 
■ 201. When Trustee shall furnish school books. Township Trustees 
are required to furnish the necessary school books to all such poor 
and indigent children desiring to attend school as in his opinion would 
be otherwise unable to attend school. 

Note: It is believed that this section is superseded by Sec- 
tion 9 of the Compulsory Education Act, Section 202, this 
book. 

(Acts 1913, p. 622, Sec. 6683.) 

202. When assistance is to be furnished — Compulsory education. 

Under Sec. 9, of the compulsory education law of 1913, it is provided: 
If any parent, guardian, or other person having control or charge 
of any child, who is subject to the provisions of this act, does not have 
sufficient means to furnish such child with books and clothing neces- 
sary to the attendance upon school, then the school corporation where 
such child resides shall furnish it. temporary aid for such purpose, 
which aid shall be allowed and repaid to such school corporation upon» 
the certificate of the executive officer of such school corporation, by 
the township overseer of the poor in the manner provided by law for 
the relief of the poor. Such certificate shall be accompanied by such 
information as will enable the overseer of the poor to make the reports 
required by law governing the relief of the poor. 

SCHOOL BOOKS — SALES. 

(Acts 1913, p. 658, Sec. 6355.) 

203. When Trustee may act as depository of school books. Under 
the amended act 1913, it is the duty of the county superintendent to 
appoint some responsible dealer or merchant in the county to act as 
depository of school books for the ensuing year. Such depository 
dealer shall contract to carry a sufficient number of the adopted books 
to supply the trade in the county, and to sell the same at the contract 
price, except to other dealers or merchants, to whom the depository 
merchant shall sell the books, for cash at a discount of 10 per cent, 
from such price. 

Such depository merchant shall give to the publishers satisfactory 
evidence of his financial responsibility, or shall furnish surety bond 
covering the estimated sales for the year, whereupon the contractor or 
publisher shall sell to the said depository merchant all books ordered 
by him at a discount of 15 per cent, from contract price, payment to 



§204 Township Trustees. 60 

be made by dealer within 60 days from date of shipment. The con- 
tractor is required to deliver shipments at nearest rail or river point, 
freight paid. 

The depository merchant shall annually in July, ascertain from 
county superintendent and local dealers the probable number of books 
to be needed for the ensuing year, and shall order same from the 
contractor by the first day of August, and when received shall notify 
the local dealers and merchants desiring to handle the school books. 

The amended act also provides that the county superintendent 
shall at any time on the request of the Township Trustee, appoint him 
as a depository merchant or dealer for the sale and distribution of 
school books, and in such case the Trustee, in his capacity as deposi- 
tory merchant or dealer shall conform in all respects to the provisions 
of this act as they apply to any other depository merchant or dealer 
appointed by the county superintendent. 

SCHOOL BOOKS — DUTY OF TRUSTEE. 

(Acts 1893, p. 165, Sec. 6360.) 

204. Trustees must see that dealers have ample supply. It is the 

duty of the Township Trustee to see that there is a sufficient supply of 
text books in the hands of dealers, or designated depositories, to sup- 
ply the patrons and pupils of all needed books. 

SCHOOL, BOOKS — EMBEZZLEMENT. 

(Acts 1893, p. 165, Sec. 6364.) 

205. Failure of trustee to make accounting. Any Township Trus- 
tee, who shall fraudulently fail or refuse, at the expiration of his term, 
to account for and pay over to any person entitled to receive the same, 
all money and school books not previously accounted for, which may 
have cme into his hands, shall be deemed guilty of embezzlement, and 
upon conviction shall be imprisoned from one to five years, and fined 
not to exceed $1,000, and rendered incapable of holding any office of 
trust and profit for any determinate period. 

TOWNSHIP DEFICIENCY. 

(Acts 1905, p. 34, Sec. 6435.) 

206. Procedure to procure assistance, for tuition purposes. When- 
ever any Trustee of a township or Board of Trustees of any school 
town shall ascertain that there is not a sufficient amount of tuition 
revenue in his or their hands to enable him or them to maintain 
the public schools therein for the minimum term now or hereafter 
provided by law in such current school year, he or they, as the case 
may be, shall certify in writing under oath such fact to the county 
superintendent of his or their county, stating therein the rate of 
the levy for local tuition purposes on each one hundred dollars, and 
the taxes on each taxable poll made for the supplementary tuition tax 
by such township or school town in the year immediately previous to 
the school year in which such deficiency occurs, or will occur; also, 



61 Township Tktjstees. §207 

stating the fuli amount received for tuition from each source, the 
names and number of teachers employed, the rate per diem paid them, 
the number of days each has taught and when he began teaching, and 
an estimate of the amount that will be necessary over and above the 
tuition revenue then on hand to complete such legal minimum term 
of all the public schools in such school corporation. Said certificate 
shall be executed in duplicate. Said county superintendent shall im- 
mediately examine such certificate, and if he shall find the facts stated 
therein to be true, and shall further find that such school corporation 
has levied the highest amount authorized by law for such school 
municipality as supplementary tuition tax for the year in which such 
deficiency will occur, he shall forward one of such certificates to the 
state superintendent of public instruction, together with the result of 
his examination, and with the name and postoffice address of such 
Township Trustee or the treasurer of such school corporation. 

DEFICIENCY, 25 CENTS LEVY FOR TUITION PURPOSES. 

(Acts 1907, p. 449, Sec. 6436.) 

207. Local requirements so as to procure "deficiency" money. No 
such Township Trustee or treasurer of such school town shall be en- 
titled to draw or receive the funds provided in this act unless said 
Township Trustee or School Board of Trustees has levied a local tuition 
tax of at least twenty-five cents on $100.00 of taxable property in 
such township or school town: And providing, That where any such 
School Trustee or corporation is maintaining a seven months' term of 
school and finds the amount of tuition revenue insufficient for such 
purpose, such Trustee or the treasurer of such school corporation shall 
be entitled to draw or receive the funds provided in this act in the 
event only such Trustee or school board has levied a local tuition tax 
of not less than forty cents on $100.00 of taxable property in such 
township or school town. 

DEFICIENCY — USES OF FUND. 

(Acts 1905, p. 34, Sec. 6437.) 

208. How "deficiency" money received shall be used. The Town- 
ship Trustee or School Board of Trustees shall use the amount so re- 
ceived from the State for the payment of the salaries of teachers em- 
ployed in his township or their town to enable him or them to main- 
tain schools therein for the full term as required by law during the 
year for which it was received, and shall use it for no other purpose. 

DEFICIENCY — LIABILITY FOR FUND. 

(Acts 1905, p. 34, Sec. 6438.) 

209. Trustee's liability for "deficiency" money. The Township 
Trustee, or treasurer of any town school board and the sureties on their 
bonds receiving such funds from the State, shall be liable for the 
same as for any other township or school funds they may receive in an 
official capacity. 



§210 Township Trustees. 62 

ENUMERATION OF SCHOOL CHILDREN. 

(Acts 1895, p. 127, Sec. 6447.) 

210. Annual enumeration — Ages 6 to 21 years. School Trustees are 
required between the 10th day and 30th day of April, each year, to 
take, or cause to be taken an enumeration of all unmarried persons be- 
tween the ages of six and twenty-one years. 

The enumerator shall take an oath or affirmation to take the 
same accurately and truly to the best of his skill and ability, which 
oath shall be made a matter of record in the office of the School 
Trustee. 

The duties of the enumerator are various, and reference to the 
act should be had to insure a proper report. 

The act provides that such enumerator shall be allowed a reason- 
able compensation per diem for his services, to be paid by the Town- 
ship Trustee out of his special school fund. Such employment must be 
made by the day. 

Note: If the enumeration is taken by the Trustee himself, 
he receives his per diem as Trustee only, which is paid from 
the township fund. 

(Acts 1913, p. 624, Sec. 6685b.) 

211. Duties of enumerators. Under the compulsory education act 
of 1913, it is provided: 

In order that the provisions of the compulsory education act may 
be more definitely enforced, it is provided that the enumerators of 
school children, in taking the annual school census shall ascertain and 
record the place and date of birth of every child enumerated, and the 
parent, guardian, or other persons having control or charge of such 
children, shall subscribe and take oath or affirmation that such rec- 
ord is true to the best of his information, knowledge, or belief. The 
enumerator is hereby empowered to administer such oath or affirma- 
tion and any parent, guardian, or other person having control or charge 
of children, who shall refuse to take such oath or affirmation, unless 
the refusal be based upon the want of knowledge, information, or be- 
lief, shall be adjudged guilty of a misdemeanor, and upon conviction 
thereof shall be fined in any sum not less than one dollar ($1.00). 

(Acts 1913, p. 624, Sec. 6685c.) 

212. Information for the attendance officer. Section 14 of the act 
requires of the Trustee that: On or before the first day of each school 
year he shall furnish the attendance officer thereof with the names of 
the children, subject to the provisions of this act, who are enumerated 
in the regular enumeration lists. These names shall be alphabetically 
arranged, and such official shall give to the attendance officer all infor- 
mation contained in the regular enumeration returns concerning the 
children so listed. The county and each school corporation, shall pro- 
vide its own attendance officers with the necessary postage and such 
blanks as may be required by the state board of truancy or the state 
superintendent of public instruction pertaining to the due execution 
of the duties of such attendance officers. 



63 Township Trustees. §213 

COUNTY SUPERINTENDENT'S ENUMERATION. 

(Acts 1873, p. 68, Sec. 6397.) 

213. County superintendent makes on failure of Trustee — At Trus- 
tee's cost — May 1st. Whenever the Township Trustee shall neglect to 
tile enumeration of school children of his township as required by law, 
it becomes the duty of the county superintendent, immediately after 
May 1st, in each year, to employ some suitable person to take the 
same, and to allow a reasonable compensation for such services, pay- 
able from the special school fund of such township. 

The superintendent shall proceed to recover the same in the name 
of the State by action against the Trustee in his individual capacity 
and in such suit the superintendent shall be a competent witness. 

ENUMERATION — WHERE FILED. 

(Acts 1873, p. 68, Sec. 6463.) 

214. When incorrect superintendent may have retaken. Each 
Township Trustee and the president of the board of School Trustees of 
towns and cities shall, on or before the first day of May, annually, 
report to and file with the county superintendent of the proper county, 
a copy of the enumeration for school purposes in his township, town 
or city, with a list of transfers to such township, town or city, with his 
affidavit endorsed thereon to the effect that the same is, to the best 
of his knowledge and belief, full and accurate and taken in accord- 
ance with the provisions of the law governing the enumeration. When 
said county superintendent, however, on an examination of the enu- 
meration returns of any township, town or city, finds any evidence that 
the enumeration is excessive in number or in any other way incorrect 
he may require the same to be retaken and returned, and if he deem 
it necessary he may, for this purpose, appoint persons to perform the 
service, who shall take the same oath, perform the same duties, and 
receive the same compensation out of the same funds as the person 
or persons who took the enumeration in the first place, and the school 
revenue shall be distributed to such school corporation upon the cor- 
rected returns. 

SCHOOL TRANSFER OF PUPILS. 

(Acts 1909, p. 173, Sec. 6449.) 

215. Reasons for a transfer — Duties of Trustee. Whenever any 
child, resident in one school corporation of the State, may be better 
accommodated in the school of another school corporation, the School 
Trustee, Board of School Trustees or commissioners of the school corpo- 
ration in which such child resides shall, upon application of the parent, 
guardian or custodian of such child, made at any time, grant an order 
of transfer which shall entitle such child to attend the schools of the 
corporation to which such transfer is made under the conditions here- 
inafter prescribed: Provided, That in determining whether a child 
can be better accommodated in the schools of another school corpora- 
tion than that in which such child resides, such matters as to the 
proximity of the schools of the township and city to the residence of 



§216 Township Trustees. 64 

such child desiring the transfer; the kind and character of the roads 
to each; the means of transportation, if any, to each; the crowded con- 
ditions of the schools in either of the two school corporations shall be 
pertinent: and, Provided, further, That the desire to attend a com- 
missioned or accredited [certified] high school, when no such school is 
maintained in the resident school corporation, or when in attending 
such commissioned or accredited high school the living expenses can 
be more advantageously provided for in another school corporation, 
or when such commissioned or accredited high school in another school 
corporation is more accessible, shall be deemed reasons for such trans- 
fer: and, Provided, further, That the provisions of this act shall be 
construed as applying in the same manner to resident pupils who are 
graduates from the eighth grade in the common schools of this State, 
or its equivalent, who may desire to attend a private school of the 
secondary rank, which having been duly approved by the state board 
of education, holds the same rank as a commissioned high school. 

SCHOOLS — TRANSFERS OUTSIDE OF STATE. 

(Acts 1911, p. 481, Sec. 6448a.) 

216. When a transfer can be made outside of State. That when- 
ever the children, resident in any school corporation of the State of 
Indiana may be better accommodated in the schools of another school 
corporation or district outside of the State of Indiana, but adjoining 
such school corporation in Indiana, then the School Trustee, Board of 
School Trustees or commissioners of such school corporation in which 
such children reside, shall, upon petition of a majority of school pa- 
trons of such school corporation, grant orders of transfer to all chil- 
dren in such school corporation, between the ages of six and twenty- 
one years who may desire to attend school, to such school corporation 
or district outside of the State of Indiana; and for each child so 
transferred, such School Trustee of each township and the Trustees of 
each school town and school city shall pay to such foreign school corpo- 
ration as a tuition fee for each pupil, a sum not exceeding two dollars 
per month for common school education, and a sum not exceeding four 
dollars per month for graded high school education, payable from the 
special fund of such school corporation: Provided, That such trans- 
fer shall not be made if a graded high school be situated within a dis- 
tance of two miles of such school corporation within the State of In- 
diana: Provided, further, That no transfers shall be made until a sat- 
isfactory written contract shall be executed by such school corporation 
and such foreign school corporation or proper school authority. 

TUITION FOR TRANSFERRED PUPILS. 

(Acts 1915, p. 35, amending Sec. 6450.) 

217. Tuition for transferred pupils — How reckoned. If such 
transfer is granted, the School Trustee or Board of School Trustees, or 
commissioners of the school corporation in which such child resides, 
shall pay out of the special school fund, or out of the township fund 



65 Township Trustees. §218 

or out of the tuition fund at his discretion, to the School Trustee, 
Board of School Trustees or commissioners of the school corporation to 
which such child is transferred, as tuition for such child, an amount 
equal to the annual per capita cost of education in the corporation 
to which said child is transferred; or such a part of it as the term of 
enrollment of said child in the schools of the creditor corporation 
may require: Provided, That the per capita cost in high schools shall 
be calculated upon the basis of expenditures for high school purposes, 
and the per capita cost in grade schools shall be calculated upon the 
basis of expenditure for the schools below the high school: Provided, 
That in case the corporation transferring said child maintains a school, 
or schools, of like grade to which said child is transferred, the rate 
of tuition shall in no case exceed the per capita cost in said school, or 
schools, maintained by the corporation which transfers such child. 
In calculating the per capita cost, only expenditures for the current 
year, not including permanent improvements and additions, shall be 
counted and shall be based on the following items: Salaries of in- 
structors, supervisors and superintendent, salary of janitor, fuel and 
light, printing and laboratory supplies. 

TRANSFERS — TIME FOR PAYMENTS. 

(Acts 1901, p. 448, Sec. 6452) 

218. Auditor acts as arbiter — Disputes as to transfers — Time of 
payment. February 1st and July 30th, of each year are the dates on 
which the indebtedness for tuition for transferred children shall be due 
and payable between school corporations. 

If any School Trustee refuses to make such settlement, the matter 
shall be referred by the creditor Trustee, in writing, to the county 
auditor who has the power to hear and determine the same. 

Note: It is believed that this section is repealed. Acts 
1907, p. 221. Section 6454 Burns' R. S., Section 220, this 
book, now governs the payment for transfers. 

TRANSFER — APPEAL TO SUPERINTENDENT. 

(Acts 1901, p. 448, Sec. 6451.) 

219. When transfer denied — Appeal — Rights of parent or guardian. 

If an order of transfer of a child be denied, the parent, guardian or 
custodian of the child shall have the right to appeal the case to the 
county superintendent of schools whose decision in the matter shall be 
final. 

TRANSFERS— SETTLEMENTS. 

(Acts 1909, p. 331, Sec. 6454.) 

220. Settlements between corporations — In June — How paid. Any 

School Trustee, Board of School Trustees or commissioners of any 
school corporation which shall receive transfer of children from an- 
other school corporation, shall on or before the third Monday in June 
of each year, file with the School Trustee, Board of School Trustees or 
commissioners of the school corporation in which such transferred child 

5—4843 



§221 Township Trustees. 66 

or children reside, a complete statement showing all of such transfers, 
giving the name of each child and the school corporation from which 
each child was received, together with a statement of the attendance 
of each child so transferred and the amounts due to the corporation 
to which such transfer has been made because of the same, and also a 
certified statement of the annual per capita cost of maintaining the 
school or schools which such transferred child or children attended 
during the year. The School Trustee, Board of School Trustees or 
commissioners of the school corporation from which said child or chil- 
dren were transferred shall pay out of the special school fund or out 
of the township fund, or out of the tuition fund, of his corporation, at 
his discretion, to the School Trustee, Board of School Trustees or com- 
missioners of the school corporation to which such child or children 
were transferred, on or before the 1st day of August next following 
the receipt of the aforesaid statement of the amount of tuition thus 
due and in the event of failure to pay said tuition when due, a penalty 
of ten per cent, shall attach from and after the 1st day of August of 
the year in which such tuition is due: Provided, That the School Trus- 
tee, Board of School Trustees or commissioners of any school corpora- 
tion now indebted to any other school corporation on account of the 
transfer of any child or children, are hereby authorized to, and they 
shall pay such indebtedness out of the special school fund now belong- 
ing to the corporation so indebted, and not otherwise appropriated. 

TRANSFERS — TO CORPORATION OF 100,000. 

(Acts 1901, p. 513, Sec. 6455.) 

221. Transfers when made to Indianapolis. Whenever a child shall 
be transferred for school purposes from a township school to a school 
city containing 100,000 or more inhabitants (Indianapolis) and the 
parent, guardian or custodian of such child shall be a taxpayer of such 
city, the amount of tuition to be paid by the Trustee to such school city, 
on account of such transfer, shall be reduced to the extent of the cur- 
rent school taxes that shall be levied against such parent, guardian or 
custodian by such school city. 

PAYMENT FOR TRANSFER. 

(Acts 1865, p. 3, Sec. 6457.) 

222. How payment for transfer is made. Each person so trans- 
ferred, for educational purposes, to a township, town or city in an 
adjoining county, shall annually pay to the treasurer of such township, 
town or city (when a tax is levied therein for the purposes aforesaid) a 
sum equal to the tax levied, computing the same upon the property and 
poll, liable to tax, of such persons in the township, town or city where 
he resides, according to the valuation thereof by the proper assessor, 
which payment shall release his property from special school tax in 
the township in which he resides. In default of such payment he shall 
be debarred from educational privileges in the township, town or city 
to which he may have been transferred, and the Trustee thereof shall 



67 Township Trustees. §223 

notify the Trustee of the township, town or city in which he (the per- 
son transferred) resides, of such exclusion. 

Note: Evidently this section applies only to cases where 
the parent or patron is transferred as provided by Section 
6448 Burns' R. S. 

TRANSFERS — ORPHANS' HOMES. 

(Acts 1907, p. 310, Sec. 6458.) 

223. Duty of trustees — Children from orphans' homes. All de- 
pendent children in orphans' homes or custodial institutions for de- 
pendent children shall be educated by the Trustee or school board in 
which the institution is located. 

Any authority which has the placing of such child in such home, 
or institution, shall immediately give notice to the school authority 
from whence such child had legal settlement. Such Trustee or school 
board shall issue a transfer certificate for each dependent child in such 
home and send the same to the proper school authority where the 
home is located. 

(Acts 1911, p. 332, Sec. 6685e.) 

224. Requirement of transfer for pupils in charitable, correctional 
and training schools. Under a subsequent act (1911) all institutions 
conducting a correctional, charitable, educational or training school 
are prohibited from accepting any child between the age of six and 
twenty-one as an inmate, unless a school transfer issued by the proper 
school officer accompanies the admission of such child. Such trans- 
fer shall be binding so long as the child remains in such intstitution. 

Section 2 of the act provides for the compulsory education of all 
inmates of such institutions who are of school age unless physically 
or mentally disqualified. Any institution that violates this require- 
ment is guilty of a misdemeanor, and is finable not more than $25, for 
each offense. 

TRANSFERS — ORPHANS' HOMES — PAYING TUITION. 

(Acts 1903, p. 15, Sec. 6459.) 

225. How payment for tuition is made — Pupils from orphans' home. 

The school corporation in which such child has settlement shall pay 
out of the special school fund of said corporation to the school corpo- 
ration in which said institution is located, as tuition for said child, 
an amount equal to the annual per capita cost of education, in the 
corporation to which said child is transferred, or such a part of it as 
the child or children are actually school residents of the corporation 
to which they were transferred: Provided, That the rate of tuition 
per month shall not exceed one dollar and fifty cents. In calculating 
the per capita cost, only expenditures for current year, not including 
permanent improvements and additions, shall be counted. 

Note: It is evident that this section means that payment 
should be made pro rata for the time the child is enrolled. 



§226 Township Trustees. 68 

TRANSPORTATION — CENTRALIZED SCHOOL. 

(Acts 1911, p. 647, Sec. 6423a.) 

226. Transportation, non-resident pupils — Centralized school. 

Where a township has established a centralized school and has provided 
transportation to such school, it shall be the duty of the Trustee, where 
additional wagons are not needed, or an additional distance is not re- 
quired, to furnish transportation to all pupils from adjoining town- 
ships who have been transferred to such school! 

The Trustee having charge of the school from which such chil- 
dren have been transferred shall pay to the other Trustee an amount 
equal to the per capita cost of transportation of the pupils of such 
township. 

SCHOOLS — TRANSPORTATION OF PUPILS — PAYMENT OF EX- 
PENSE. 

(Acts 1913, p. 655, Sec. 6423.) 

227. Transportation — Discontinued school — Drivers furnish teams 
— Special school fund. It shall be the duty of the Township Trustees 
to provide for the education of such pupils as are affected by such or 
any former discontinuance in other schools, and they shall provide and 
maintain means of transportation for all such pupils that live at a 
greater distance than two (2) miles and for all pupils between the 
ages of six (6) and twelve (12) that live less than two (2) miles and 
more than one (1) mile from the schools to which they may be trans- 
ferred, either within the township or in an adjoining township or 
school corporation, as a result of such discontinuance. In all town- 
ships where a school has been abandoned under the provisions of this 
act, the Trustee shall provide for the transportation of all pupils of 
any other school of such township who live more than two (2) miles 
and all pupils between the ages of six (6) and twelve (12) that live 
more than one (1) mile from the school to which they are attached, 
whenever a majority of the patrons of such school petition the Trus- 
tee to provide such transportation. Such transportation shall be in 
comfortable and safe conveyances. The drivers of such conveyances 
shall furnish the teams therefor, and shall use every care for the safety 
of the children under their charge, and shall maintain discipline in 
such conveyances. Restrictions as to the use of public highways shall 
not apply to such conveyances. The expenses necessitated by the car- 
rying into effect of the provisions of this act shall be paid from the 
special school fund. 

SCHOOLHOUSE, WHEN SOLD. 

(Acts 1865, p. 3, Sec. 6615.) 

228. Procedure for sale of schoolhouse-— Conveyance. The proper 
Trustee may, whenever a schoolhouse shall have been removed to a 
different location, or a new one erected for the school in a different 
place, if the land whereon the same is situated belongs unconditionally 
to the township, town or city, sell the same, when, in his opinion, it is 



69 Township Trustees. §229 

advantageous to the township, town or city, so to do, for the highest 
price that can be obtained therefor; and upon the payment of the pur- 
chase money to the township, town or city treasurer, he shall execute 
to the purchaser a deed of conveyance, which shall be sufficient to vest 
in such purchaser all the title of such township, town or city thereto. 
The money derived from such sale shall be a part of the special school 
revenue. 

Note: For sale of property of civil township, see Acts 1915, 
p. 91, Section 142, this book. 

SALE OF SCHOOL PROPERTY. 

(Acts 1907, p. 575, Sec. 6616.) 

229. Sale of school property by Trustee — Petition — Appraisal — 
Newspaper publication — Special school revenue. In all cases where 
school properties have not been used and occupied for school pur- 
poses for a period of two years, or are unnecessary by reason of the 
construction of other schoolhouses, and the said school property shall 
belong unconditionally to the township, the proper Trustee may upon 
petition signed by two-thirds (2-3) of the qualified voters of the 
school district wherein said property is situated, sell the same for the 
highest price that can be obtained therefor, but not less than two-thirds 
of its appraised value, and upon the payment of the purchase money to 
the Township Trustee, he shall execute to the purchaser a deed of con- 
veyance, if of real estate, and a bill of sale if of building or buildings, 
which shall be sufficient to vest in such purchaser all the title of such 
township thereto. Such sale shall be made only after said property 
has been duly appraised by three disinterested householders of the 
neighborhood, as other property is required to be appraised, and the 
publication of notice of the sale thereof for three successive weeks in 
a newspaper of general circulation printed and published in the town- 
ship, if any, otherwise in such paper printed and published in the 
township nearest thereto, and by posting five (5) notices of such sale 
in the township, three of which shall be in the district wherein said 
property is situated, at least three weeks prior to the date of such 
sale. The money derived from such sale shall be a part of the 
special school revenue and shall be duly recorded and accounted for 
by such Trustee. 

Note: See note under Section 228, this book. 

REMOVAL AND RELOCATION OF SCHOOLHOUSES. 

(Acts 1893, p. 17, Sec. 6417.) 

230. Superintendent's power, and duties therein. Whenever it be- 
comes necessary for the Trustee to change and re-establish the site 
of any school building and remove the buildings to a new site and lo- 
cation, the Trustee must present his petition therefor signed by him- 
self and by a majority of the patrons of such school to the county 
superintendent, together with proof that the petition is signed by such 
majority. Such petition should set forth the place and particular 
point to which it is desired to change and relocate the school site, and 



§231 Township Trustees. 70 

the reasons for the proposed change. The Trustee shall not change the 
school site until the superintendent shall have issued an order grant- 
ing such change. 

(Acts 1893, p. 17, Sec. 6418.) 

231. Trustee's duties on petition to remove schoolhouse. Before 
the county superintendent shall grant such order the Trustee shall 
file with that officer his affidavit that he has caused notice to be given 
of such petition, the purposes thereof, and the place of the change of 
location of such school building, and the time the same will be pre- 
sented to such county superintendent, by posting notices in five pub- 
lic places in his township, three of which shall be in the immediate 
neighborhood from where the school building is to be removed, at least 
twenty days before the hearing by the county superintendent. 

(Act 1893, p. 17, Sec. 6419.) 

232. Penalty for unlawfully removing a schoolhouse. Any Trustee 
violating any provisions of the act shall be guilty of a misdemeanor, 
and shall be fined not less than $50 nor more than $500. 

ABANDONMENT OF SCHOOLS. 

(Acts 1901, p. 159, Sec. 6420.) 

233. Abandonment upon petition. Trustees shall not abandon any 
district school in his township until he shall have first procured the 
written consent therefor signed by a majority of those legal voters who 
are entitled to vote for Trustee in such district. 

This rule does not applpy to such schools which have an average 
attendance of twelve pupils, or fewer. 

It becomes the Trustee's duty to re-establish any abandoned dis- 
trict school upon the written petition of two-thirds of the legal voters, 
who are entitled to a vote for Township Trustee. 

Note: This section must be construed with Section 6422 
Burns' R. S., Section 23 5 this book. 

(Acts 1901, p. 437, Sec. 6421.) 

234. When abandoned school shall be consolidated with another 
school. Whenever a majority of the legal voters of any school dis- 
trict shall petition the Trustee for the abandonment of their school 
and the consolidation of the school with the school of another school 
district of the township, it shall be his duty to comply with the petition, 
and to provide for the education of the children of the abandoned dis- 
trict in other schools, as asked for in the petition. 

SCHOOLS — DISCONTINUANCE. 

(Acts 1909, p. 73, Sec. 6422.) 

235. When Trustee may discontinue temporarily — Re-establishment. 

Trustees shall discontinue and temporarily abandon all schools under 
their charge at which the average daily attendance during the last pre- 
ceding year has been twelve pupils or fewer, and may likewise tempo- 



71 Township Trustees. §236 

rarily abandon a school where the daily average for last preceding 
school year has been fifteen pupils or fewer, provided that the condi- 
tions as to roads, streams and bridges permit such temporary dis- 
continuance. 

Such school may be re-established by the Trustee, in his discre- 
tion, whenever he feels assured of the daily average attendance of more 
than twelve pupils. 

Nothing in the act shall authorize the discontinuance of a school 
exclusively for colored pupils, and any so discontinued shall be re-estab- 
lished. 

Upon petition of a majority of patrons, any school so abandoned 
shall be re-established by the Trustee. 

Note: This section must be construed in connection with 
Sections 6420 and 6421, Sections 233 and 234 this book. 

DISSOLUTION — SCHOOL IN INCORPORATED TOWN. 

(Acts 1915, p. 199, amending Sec. 6480.) 

236. Hoav to determine equitable right of township. Any incorpo- 
rated town in the State, that has no school indebtedness, the inhabi- 
tants of which do not exceed two thousand (2,000), as shown by the 
last preceding general census, may, through its town Board of Trustees, 
abandon and discontinue its management and control of public schools 
within such incorporated town, and abolish the Board of School Trus- 
tees therein. Whenever a town so discontinuing its Board of School 
Trustees shall desire to again take control of its school affairs the 
town board may on petition signed by a majority of the resident free- 
holders, pass an ordinance to that effect and appoint a board of School 
Trustees: Provided, That whenever a town passes such ordinance to 
again take control of its school affairs as herein above provided, it 
shall be the duty of the county assessor, county auditor and county 
superintendent of schools, to act as an appraising board to determine 
what if any equitable right the township has in the school property 
thus taken over and to determine the extent to which such town is 
indebted to the township, and the Board of Town Trustees shall pay 
over to the township such amount as has been so determined; before 
said town shall be permitted to take over the schools: Provided, fur- 
ther, That such school property shall not be appraised and taken over 
by the town as above provided unless a majority of the resident free- 
holders in the township residing outside of said town, consent to 
such transfer: Provided, further, That no town board shall dissolve 
the school corporation except by consent of a majority of the free- 
holders therein. 

CONVEYANCE OF PROPERTY TO TOWNSHIP. 

(Section 6480a.) 

237. Dissolution of school in incorporated town — Deed made to the 
township. The town Board of Trustees of any such incorporated town, 
upon deciding to abandon and discontinue the control of the public 
schools therein, shall make or cause to be made a good and sufficient 



§238 Township Trustees. 72 

deed, conveying all real estate belonging to such school town to the 
Township Trustee of the township in which such incorporated town is 
located; and shall transfer all the personal property and fixtures be- 
longing to such school town to such Township Trustee, all of which 
shall be accepted and held by such Township Trustee for the use and 
purposes of the school township wherein such town is located: Pro- 
vided, That when any such incorporated town shall be located in 
two or more contiguous counties, the children of school age who are 
residents of such incorporated town shall be entitled to the same 
school privileges in such incorporated town as the children of school 
age who are residents, exclusively of the township which has assumed 
ownership and control of such school and school property. And all 
school revenue which is paid or which may hereafter be paid by that 
portion of such incorporated town lying outside of the township 
which has assumed control and ownership of such school and school 
property, shall be paid to the Township Trustee of the township where- 
in such school is located, in the same way and manner as such revenues 
were paid to the School Trustees of such incorporated town before 
such town relinquished control and possession of such school and 
school property. 

TOWNSHIP CONTROL. 

(Section 6480b.) 

238. Trustee controls schools in town, when dissolved. After 
the requirements set forth in the preceding section are complied 
with, the Township Trustee shall have full and complete control of all 
the schools within such town and shall conduct the same as provided 
for by law for the other schools of such township. And all children 
of school age residing outside of the township in which such school 
and school property is situated but within the limits of any such in- 
corporated town, as herein provided, shall possess all the rights and 
privileges to attend the school or schools located within such incorpo- 
rated town, the same as though they lived in the township wherein 
such school or school property is located. 

COUNTY AUDITOR'S APPORTIONMENT. 

(Acts 1873, p. 80, Sec. 6475.) 

239. Two distributions of taxes each year by auditor. The Trustees 
receive two apportionments, made by the county auditor, each year, to 
wit: The last Monday in January and the second Monday in July. 

These embrace moneys derived from taxation, interest of congres- 
sional school fund, and the per capita common school revenue appor- 
tioned by the state superintendent of public instruction. 

SCHOOL DIRECTOR. 

(Acts 1865, p. 3, Sec. 6589.) 

240. Election annually first Saturday in October — Removal — Ap- 
pointment. Voters shall meet on the first Saturday in October and 



73 Township Trustees. §241 

elect one of their number as school director. He shall notify the Trus- 
tee of such election within 10 days and take an oath of office. 

In case of failure to elect, the Trustee shall forthwith appoint the 
school director for such school district, so failing, 

The school director can be removed upon a petition of three- 
fourths of the persons attached to the school, who are entitled to vote 
at school meetings. 

(Acts 1873, p. 68, Sec. 6590.) 

241. Duties of school director — School meetings. The school di- 
rector acts as the organ of communication between the inhabitants and 
the Township Trustee. He shall preside at all school meetings and 
keep a record of the proceedings. 

Such meetings shall have the power to determine any additional 
branches to be taught in such school; the time at which school shall 
be taught, provided that the school revenues shall be expended within 
the year for which they were apportioned; to petition the Trustee for 
such repairs as are deemed necessary in their schoolhouse; to petition 
the Trustee for the removal of their schoolhouse to a more convenient 
location; to petition for the erection of a new schoolhouse, and the sale 
of an old one and the lands belonging thereto, and upon any other 
subject connected therewith. 

At such meetings all taxpayers, except married women and minors, 
are entitled to vote. 

However, nothing in the act prevents the Trustee from exercising 
a sound discretion as to propriety or expediency of complying with the 
prayers of the petitioners, and the cost thereof. 

When the petition embraces the subject of repairs, the removal 
or erection of a schoolhouse, an estimate of the cost thereof shall be 
furnished to the Trustee. 

The school director shall take charge of the schoolhouse and 
property belonging thereto, under the general order and concurrence 
of the Trustee, and shall preserve the same. 

Note: This section should be construed in connection with 
the advisory board law, and in case of conflict the later law 
governs. 

(Acts 1865, p. 3, Sec. 6606.) 

242. Power to exclude pupil temporarily. The school director 
shall visit and inspect the school from time to time, and when nec- 
essary may exclude any refractory pupils therefrom, but such exclusion 
shall not extend beyond the current term, and may in the director's 
discretion be for a shorter period. 

(Section 6607.) 

243. Appeal to trustee of suspended pupil. The decision of the di- 
rector in excluding a pupil shall be subject to an appeal to the Town- 
ship Trustee, whose decision shall be final. 



§244 Township Trustees. 74 

SCHOOLHOUSE IN ANNEXED TERRITORY. 

(Acts 1893, p. 194, Sec. 6611.) 

244. Annexation to incorporated town or city — Conveyance of 
school property. Whenever there has been, or may hereafter be, by 
proper proceedings, any territory annexed to any city or incorporated 
town of this State, which territory included within such boundary as 
annexed any real estate which, prior to such annexation, was the prop- 
erty of the school township adjoining such town or city, and used for 
school purposes by such school township, such real estate shall, by vir- 
tue of such annexation, at once become in fee simple the property of 
the school corporation of such town or city within the corporate boun- 
daries of which it is found after such annexation of territory, and it is 
hereby made the duty of the Township Trustee to at once execute and 
deliver to the school corporation of such town or city a deed con- 
veying such title as his school township has for all school property 
which has passed, by such proceedings, from the territorial jurisdic- 
tion of the township to that of a town or city. 

ANNEXATION OF SCHOOL TERRITORY — LIABILITY FOR SCHOOL 

DEBTS. 

(Acts 1913, p. 101, Sec. 6612.) 

245. Liability for debts. In all cases where any city or incorpo- 
rated town of this State shall hereafter annex any territory, or where 
any town shall be hereafter incorporated in which territory so an- 
nexed or incorporated there shall be the property of any school town- 
ship used by such school township for school purposes, and such 
school township shall be at the date of such annexations, indebted 
either for the purchase of said school property, or for buildings con- 
structed thereon, it shall and is hereby made the duty of the school 
corporation of such city or incorporated town to pay such indebtedness, 
and such school corporation is hereby declared to be and made liable 
therefor. Until such city or town school corporation shall have paid 
such indebtedness, it shall not be entitled to a deed therefor, and if such 
indebtedness is paid by said school township, such school township 
shall be entitled to recover the amount so paid from said city school 
corporation with interest at the rate of six per cent, per annum from 
date of payment, and on payment of such amount the said school corpo- 
ration shall be entitled to a deed of such property as now by law 
provided. Whenever any annexation of such property has been made 
prior to the passage of this act and subsequent to the passage of the 
act of which this is amendatory, then liability on the part of such an- 
nexing city or town for any such indebtedness remaining unpaid at the 
time of the passage of this act, shall be under this act the same as if 
such annexation had taken place subsequent to the passage of this act. 

(Acts 1915, p. 570.) 
245a. Liability for civil debts. In all cases where any city or incor- 
porated town of this State has annexed or shall hereafter annex any 



75 Township Trustees. §246 

territory, or where any town has been or shall hereafter be incorpo- 
rated, and where the civil township, from which such territory was or 
is taken, is indebted or has outstanding unpaid bonds or other obliga- 
tions at the time of such annexation or incorporation of such territory, 
then such city or town, as the case may be, shall be liable for, and pay 
so much of such indebtedness of such civil township in proportion 
that the assessed valuation of property in such annexed or incorpo- 
rated territory is to the valuation of all property in such township, 
as the same is assessed for general taxation, prior to the annexation of 
any such territory or incorporation of any such town. Such annexing 
city or town, or newly incorporated town shall pay such part or pro- 
portion of such unpaid indebtedness of such civil township to the 
Township Trustee: Provided, That in case such indebtedness consists 
of outstanding unpaid bonds or notes, of such civil township, then 
such payment to such Trustee shall be made at such time as the prin- 
cipal, or any part thereof, or interest of such bonds or notes falls or 
becomes due. 

SITE FOR SCHOOLHOUSE — EMINENT DOMAIN. 

(Acts 1907, p. 114, Sees. 6633-6636.) 

246. Eminent Domain — Purchase of real estate — Circuit court. 

Whenever, in the opinion of the Trustees of school corporations of 
any city or town, or of the Township Trustee of any township in the 
State, it shall be considered necessary to purchase any real estate, on 
which to build a schoolhouse, or for any other purposes connected 
therewith, such Township Trustee or School Trustees, or a majority of 
them, may file a petition in the circuit court of said county, asking 
for the appointment of appraisers to appraise and assess the value of 
said real estate. 

(Section 6634-6636.) 

247. When Trustee may make tender, and how. The act outlines 
the duties of the appraisers who are appointed by the court, after a 
ten days' notice of the pendency of the petition, and provides that the 
court shall cause the land to be conveyed to the township, upon pay- 
ment of the appraised value. 

Before beginning the proceedings, a tender or offer may be made 
by the Trustee for the property to its owner of an amount deemed a 
reasonable value therefor, and if the appraisement is equal or less than 
the tender, then the cause shall be prosecuted at the costs of the 
owner. Where there is no tender, the action shall be at the cost of 
the petitioners. 

SCHOOLS — SANITARY BUILDINGS 

(Acts 1915, p. 94, .amending Sec. 6616a-e.) 

248. 1913 law relative to sanitary school buildings. The require- 
ments mentioned in the amending act, 1915, relative to the erection, 
or remodeling, thereafter, of sanitary schoolhouses are ample and em- 
brace the subjects of, viz: 



§249 Township Trustees. 76 

Sites, 

Buildings, 

Lighting and heating, 

Blackboards and cloak rooms, 

Water supplies and drinking arrangements, 

Heating and ventilation, and 

Water closets and out houses. 

The specifications under each of the above heads are quite com- 
plete, and any Trustee before contracting for a new school building or 
remodeling one should procure the legal requirements through the 
state board of health at Indianapolis. 

An act of 1911 also contains provisions touching duties of Trus- 
tees concerning infectious diseases which have had mention else- 
where. 

USE OF SCHOOLHOUSE FOR PRIVATE SCHOOL. 

(Acts 1865, p. 3, Sec. 6613.) 

249. Use of schoolhouse for a private school. When a school- 
house is unoccupied by a common school of the State, and the people 
who form the school at such house desire that a private school be 
taught therein, and a majority of them make application to the Trus- 
tee having charge of such house for the use of it for such private 
school, it shall be the duty of the Trustee to permit said schoolhouse 
to be used for such private school by such teacher as may be men- 
tioned in the application, but not for a longer time than until said 
house may be wanted for a public school; and such permission and 
use shall be upon the condition that the teacher employed in said 
school shall report, in writing, to the Trustee — - 

First. The number of teachers employed, distinguishing between 
male and female. 

Second. The number of pupils admitted into the school within 
the term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said school. 

USE OF SCHOOLHOUSE FOR OTHER PURPOSES. 

(Acts 1859, p. 181, Sec. 6614.) 

250. Use of schoolhouse for political and religious meetings. If a 

majority of the legal voters of any school district desire the use of 
the schoolhouse of such district for other purposes than common 
schools, when unoccupied for common school purposes, the Trustee 
shall, upon such application, authorize the director of such school dis- 
trict to permit the people of such district to use the house for any 
such purposes, giving equal rights and privileges to all religious de- 
nominations and political parties, without any regard whatever to the 
numerical strength of any religious denomination or political party of 
such district. 



77 Township Trustees. §251 

SCHOOLS — BUILDINGS USED FOR PUBLIC GATHERINGS. 

(Acts 1913, p. 947, Sec. 6614b.) 

251. Use of schoolhouse for public gatherings. Upon application of 
not less than one-half of the voters residing within two (2) miles of 
any schoolhouse or other public buildings or grounds, which are 
capable of being more widely used as public meeting places for non- 
partisan gatherings of citizens, for the presentation and discussion of 
public questions or for other civic, social or recreational activities, the 
Township Trustee or other authorities having charge of such school- 
houses, public buildings or grounds shall allow the use of such build- 
ings or grounds for the open presentation and free discussion of pub- 
lic questions, and may allow the use of such buildings or grounds for 
such other civic, social and recreational activities as in the opinion of 
the controlling board do not interfere with the prime purpose of the 
building or grounds. 

BUILDINGS TO BE LIGHTED AND HEATED. 

(Section 6614c.) 

252. Buildings to be lighted and heated. Where the citizens of 
any community are organized into a nonpartisan, nonsectarian, non- 
execlusive association for the presentation and discussion of public 
questions, the school board or other body having charge of the school- 
houses or other public properties which are capable of being used as 
meeting places for such organization, when not being used for their 
prime purpose, shall provide, free of charge, light, heat and janitor 
service, where necessary, and shall make such other provisions as may 
be necessary for the free and convenient use of such building or 
grounds, by such organization for weekly, biweekly or monthly gather- 
ings at such times as the citizens' organization shall request or des- 
ignate. 

(Section 6614d.) 

253. Use of to be free and gratuitous — Control. The school board 
or other board having charge of the schoolhouses or other public 
properties, may provide for the free and gratuitious use of the school- 
houses or other public properties under their charge for such other 
civic, social and recreational activities, as in their opinion do not 
interfere with the prime use of the buildings or properties. 

(Section 6614e.) 

254. Personal responsibility for damage — Refusal. The person or 
persons making application for the use of a schoolhouse or other pub- 
lic property for public meetings, shall be responsible for all damage 
to the property occurring at such meetings, ordinary wear and tear 
excepted, and upon failure of the responsible person or persons to 
respond in damages for any such injury to the property, the school 
board or other board in charge of the schoolhouse or other public 
property, may refuse all future applications for the wider use of the 
property until such injury is repaired, without expense to the board 
in charge of the property. 



§255 Township Trustees. 78 

VOCATIONAL. EDUCATION. 

(Acts 1913, p. 37, Sec. 6641b.) 

255. Establishment of schools — How maintained. Under Act, 1913, 
provisions are made for the establishment in townships of vocational 
schools, as follows: 

Any school city, town or township may through its board of school 
trustees or school commissioners or Township Trustee, establish voca- 
tional schools or departments for industrial, agricultural and domestic 
science education in the same manner as other schools and depart- 
ments are established and may maintain the same from the common 
school funds or from a special tax levy not to exceed 10 cents on each 
$100 of taxable property, or partly from the common school funds and 
partly from such tax. School cities, towns and townships are au- 
thorized to maintain and carry on instruction in elementary domestic 
science, industrial and agricultural subjects as a part of the regular 
course of instruction. 

(Section 6641d.) 

256. When townships may join in maintenance. Two or more 
school cities, towns or townships or combinations thereof, may co- 
operate to establish and maintain vocational schools or departments 
for industrial, agricultural or domestic science education or in supervis- 
ing the same, whenever the school board or Township Trustees of such 
school cities, towns or townships shall so determine and apportion the 
cost thereof among the cities, towns and townships co-operating. 
Whenever such co-operative schools or departments have been deter- 
mined upon by any school cities, towns or townships, or combination 
thereof, the presidents of the school boards of the cities or towns and 
the Township Trustees of the townships co-operating shall constitute a 
board for the management of such school or department, such board 
may adopt for a period of one year or more, a plan of organization, 
administration and support for such school or department and the plan, 
if approved by the state board of education, shall constitute a binding 
contract between cities, towns and townships entering into a co-opera- 
tion to support such schools and courses which shall be cancelled or 
annulled only by the vote of a majority of the school boards or Town- 
ship Trustees of such school cities, towns or townships and the ap- 
proval of the state board of education. 

(Section 6641i.) 

257. How advisory committees shall be appointed. Boards of edu- 
cation or Township Trustees administering approved vocational schools 
and departments for industrial, agricultural or domestic science educa- 
tion, shall, under a scheme to be approved by the state board of edu- 
cation, appoint an advisory committee composed of members repre- 
senting local trades, industries and occupations. It shall be the duty 
of the advisory committee to counsel with and advise the board and 
other school officials having the management and supervision of such 
schools or departments. 



79 Township Trustees. §258 

(Sections 6641k and 6641o.) 

258. Compulsory attendance — Fourteen to sixteen years — Reim- 
bursement. In case the board of education or Township Trustee of any 
city, town or township have established approved vocational schools 
for the instruction of youths over fourteen years of age who are en- 
gaged in regular employment, in part-time classes, and have formally 
accepted the provisions of this section, such board or Trustee are au- 
thorized to require all youths between the ages of fourteen and sixteen 
years who are regularly employed, to attend school not less than five 
hours per week between the hours of 8 a. m. and 5 p. m. during, school 
term. 

Any school city, town or township having claims for reimburse- 
ment against the State under the provisions of this act shall present 
the same to the state board of education on or before July 1st of each 
year immediately following the completion of the work for which they 
are entitled to reimbursement from the State. The board shall if they 
approve the claim authorize its payment by the auditor of state who 
shall thereupon draw his warrant on the treasurer of state for the pay- 
ment of the amount due such school city, town or township, from the 
fund provided in this act. 

SCHOOLS — AGRICULTURE AND DOMESTIC SCIENCE. 

(Acts 1913, p. 109, Sec. 6623h.) 

259. Procedure for the establishment of — Petition — Levy. When- 
ever twenty-five (25) per cent, of the legal voters of any township, in 
the State of Indiana, wherein is situated a township high school, shall 
petition the Township Trustee, of such township, for the erection, con- 
struction and equipping of a room or building upon the grounds or 
real estate upon which such high school is situate, in which to teach 
and instruct the students of such township in the arts of agriculture, 
domestic science, or physical or practical mental culture, and in which 
to hold school or township entertainments, or to be used for township 
purposes, the Township Trustee, with the concurrence of the advisory 
board of such township, shall be authorized and empowered to provide 
such room or building, as may best suit such needs in such township, 
by erecting, building and equipping such room or building, as afore- 
said, to meet the requirements and necessities therefor. 

(Section 6623i.) 

260. Buildings — Issue of bonds — Limitation. For the purpose of 
raising funds for the building and construction of such room or build- 
ing, as is provided in section 1 of this act, the Township Trustee of 
such township is hereby authorized and empowered, with the concur- 
rence and sanction of the advisory board of such township, to issue and 
sell the bonds of such township in an amount sufficient to pay for the 
construction and equipping of such room or building, and to levy a 
tax on the taxable property of such township in an amount sufficient 
to discharge and satisfy such bonds so issued and sold; provided, such 
bonds shall be in equal series, and shall fall due, one each year, for 



§261 Township Trustees. 80 

a period of ten (10) years: Provided, further, That an amount not 
exceeding one (1) per cent, of the total amount of taxable property of 
any township may be used and expended for the purpose of carrying out 
the provisions of this act. 

(Section 6623J.) 

261. Duty of Trustee — Maintenance — Tax levy. The Township Trus- 
tee, of any township, in the State of Indiana, shall, by the provisions 
of the act being first complied with, shall cause such room or build- 
ing to be constructed and equipped for the teaching and instruction 
of agriculture science, domestic science, physical culture, practical 
mental culture, or in which to hold any school or township entertain- 
ments, or for other township purposes, may, and he is hereby author- 
ized and empowered to maintain such room or building, for the pur- 
pose aforesaid, and to make a levy of taxes, on the taxable property 
of such township, sufficient to raise the necessary funds with which 
to maintain such room or building, and to conduct therein the courses 
of instruction mentioned herein. 

TEACHERS — EMPLOYMENT. 

(Acts 1884, p. 30, Sec. 6592.) 

262. Qualifications of teachers — -Employment and dismissal. Trus- 
tees shall employ no person to teach in any of the common schools 
of the State of Indiana, unless such person shall have a license to 
teach, issued from the proper state or county authority, and in full 
force at the date of the employment. Any teacher who shall com- 
mence teaching any such school without a license, shall forfeit all 
claim to compensation out of the school revenue for tuition for the 
time he or she teaches without such license; but if a teacher's license 
shall expire by its own limitation within a term of employment, such 
teacher may complete such term of employment within the then cur- 
rent year. The said trustee shall not employ any teacher whom a 
majority of those entitled to vote at school meetings have decided 
at any regular school meeting, they do not wish employed; and at 
any time after the commencement of any school, if a majority of such 
voters petition such Trustee that they wish the teacher thereof dis- 
missed, such Trustee shall dismiss such teacher, but only upon due 
notice, and upon good cause shown; but such teacher shall be entitled 
to pay for services rendered. 

TEACHERS — EMPLOYMENT OF. 

(Acts 1893, p. 34, Sec. 6593.) 

263. Terms for which teachers may be employed — Contracts — Trus- 
tee's liability. After the passage of this act it shall be unlawful for 
any Township Trustee to contract with any teacher to teach in any 
common school if the actual term of service of such teacher under 
such contract does not begin before the expiration of the term of 
office of such Trustee. Every contract made in violation of the pro- 
visions of this section shall, as to the township represented by such 



81 Township Trustees. §264 

Trustee, and the school fund thereunto belonging, be absolutely void; 
but such Trustee shall be personally liable to such teacher for all 
services rendered under such contract, and for all damages which he 
may sustain by reason thereof. 

TEACHERS — CONTRACTS TO BE IN WRITING. 

(Acts 1899, p. 173, Sec. 6594.) 

264. Contracts to be in writing. All contracts hereafter made by 
and between teachers and school corporations of the State of Indiana 
shall be in writing, signed by the parties to be charged thereby, and 
no action shall be brought upon any contract not made in conformity 
to the provisions of this act. 

TEACHERS— RECORD OF CONTRACTS. 

(Acts 1899, p. 173, Sec. 6595. ) 

265. Trustees' duties as to record of teachers' contracts. For the 

purpose of carrying this act into effect the School Trustees of the sev- 
eral school corporations of this State shall provide a public record of 
uniform blank contracts to be carefully worded under the direction of 
the superintendent of public instruction, and cause such contracts to be 
signed therein, which record shall be deemed a public record, open to 
inspection by the people of their several school corporations. 

TEACHERS — MINIMUM WAGES. 

(Acts 1913, p. 104, Sec. 6599.) 

266. Acts 1913 — Minimum wages for teachers. The daily wages 
of teachers for teaching in the public schools of the State shall not be 
less, in the case of beginning teachers, than an amount determined by 
multiplying two and one-half cents by the general average given such 
teacher on his highest grade of license at the time of contracting. For 
teachers having had a successful experience for one school year of not 
less than six months, the daily wages shall be not less than an amount 
determined by multiplying three cents by the general average given 
such teacher on his highest grade of license at the time of contracting. 
For teachers having had a successful experience for three or more 
school years of not less than six months each, the daily wages shall be 
not less than an amount determined by multiplying three and one-half 
cents by the general average given such teacher on his highest grade 
of license at the time of contracting. For teachers having had a 
successful experience of five or more school years of not less than six 
months each, the daily wages shall be not less than an amount deter- 
mined by multiplying four cents by the general average given such 
teacher on his highest grade of license at the time of contracting. All 
teachers now exempt from examination shall be paid, as daily wages 
for teaching in the public schools, not less than an amount determined 
by multiplying three and one-half cents by the general average of 
scholarship and success given such teacher: Provided, That the grade 
of scholarship accounted in each case be that given at the teacher's 

6—4843 



§267 Township Teustees. 82 

last examination, and that the grade of success accounted be that of 
the teacher's term last preceding the date of contracting: and, Pro- 
vided further, That two per cent, shall be added to the teacher's gen- 
eral average of scholarship and success for attending the county insti- 
tute the full number of days, and that said two per cent, shall be added 
to the average scholarship of beginning teachers. 

TEACHERS — PAYMENT AT LESS THAN MINIMUM. 

(Acts 1907, p. 146, Sec. 6601.) 

267. Penalty for Trustee to pay less. If any school officer shall pay 
to any teacher for school services at a rate less than that fixed by the 
minimum wage act, he shall be fined in any amount not exceeding 
$100.00 and shall be liable in a civil action for wages to such teacher 
at the rate provided in this act, which may be recovered by such teach- 
er, together with an attorney's fee of $2 5.00, in any court of justice of 
competent jurisdiction. 

TEACHERS — SPECIAL EXAMINATION. 

(Acts 1865, p. 143, Sec. 6603.) 

268. When Trustee may require special examination. If persons 
attached to and forming a school district shall, at a school meeting, 
designate other branches of learning than those required by law to be 
taught, which they desire to have taught in their school, the Trustee 
in employing a teacher for said school shall require said teacher to 
be examined as to his qualifications to teach the branches so desig- 
nated. 

TEACHERS' INSTITUTES. 

(Acts 1915, p. 555, amending Sec. 6637.) 

269. Teachers required to attend institute — Conditions. At least 
one Saturday in each month during which public schools may be in 
progress shall be devoted to township and city institutes, or model 
schools for the improvement of teachers; and two Saturdays may be 
appropriated, at the discretion of the Township Trustee of any town- 
ship or the Board of School Trustees or board of school commissioners 
of any city. Such institute shall be presided over by a teacher, or other 
person, designated by the Trustee of the township, or by the city su- 
perintendent or other person designated by him. The Township Trus- 
tee, Board of School Trustees, or board of school commissioners shall 
specify, in a written contract with each teacher, that such teacher shall 
attend the full session of each institute contemplated herein, or for- 
feit one day's wages for every day's absence therefrom, and for each 
day's attendance at such institute each teacher shall receive the same 
wages as for one day's teaching: Provided, That no teacher shall re- 
ceive such wages unless he or she shall attend the full session of such 
institute and perform the duty or duties assigned: and, Provided, The 
provisions of this act shall not apply to school teachers who are en- 
gaged in teaching school on Saturdays. 



83 Township Tkustees. §270 

(Acts 1911, p. 666, Sec. 6640a.) 

270. Adjourning schools — Pay of teachers. The school board of any 
city or town, and the Township Trustee of any township, may adjourn 
the schools of such city, town or township in order to allow teachers to 
attend sessions of schools or institutes of agricultural instruction held 
in the county, and the meetings of any teachers' associations, and to 
visit model schools: under the direction of Trustees or Boards of Trus- 
tees and shall pay such teachers a wage for the time spent equal to the 
per diem of such teacher: Provided, That not more than three days 
shall be allowed in any one year. 

SCHOOLS — TOWNSHIP HIGH SCHOOLS — HOW ESTABLISHED. 

(Acts 1913, p. 331, Sec. 6584a-b.) 

271. How to be maintained in townships of $600,000 valuation. 

In each township having an assessed valuation of $600,000 of taxable 
property and wherein there is not situated a city or town maintaining 
a high school, and wherein for each of the two years last past there 
have been eight or more graduates of the township elementary schools, 
residing in such township, the Trustee may establish and maintain a 
high school or a joint high school and elementary school and employ 
competent teachers therefor. 

In such township having eight or more elementary graduates, where 
there is no high school within three miles of its boundary line, the 
Trustee shall establish and maintain therein a high school and employ 
competent teachers therefor. 

(Acts 1913, p. 331, Sec. 6584a.) 

272. Petition of majority of parents, guardians and heads of fami- 
lies. Whenever a majority of parents, guardians, heads of families or 
persons having charge of children, who were enumerated for school 
purposes in said township at the last enumeration, petition the Trustee 
of said township to establish and maintain a high school or a joint 
high school and elementary school, said Trustee shall establish and 
maintain such a school petitioned for. 

(Acts 1913, p. 331, Sec. 6584c.) 

273. Power of Trustee to locate — Appeal to county superintendent — 
Decision final — Qualifications of pupils. The location of such high 
school shall be determined by the Trustee. 

When ten or more persons who are parents, guardians, heads of 
families or persons who have charge of children who are graduates 
from the elementary schools and who were enumerated, petition for 
another location than that determined upon by the trustee, an appeal 
to the county superintendent is given. 

The county superintendent shall thereupon determine the location 
of the high school building, and his decision shall be final, and the 
Trustee shall proceed in the execution of the provisions of the act. 



§274 Township Trustees. 84 

SCHOOLS — HIGH SCHOOL DISTRICT. 

(Acts 1911, p. 475, Sec. 6623b.) 

274. High school district — Township joining with town or city. 

Any city or incorporated town located in any township or townships 
in this State and which maintains or may hereafter establish and main- 
tain a regularly commissioned high school, easy of access and which 
meets the requirements for high school pupils, may establish and main- 
tain jointly with any such township or townships contiguous thereto 
or any part thereof and any incorporated town located therein, a high 
school which will furnish adequate accommodations for the high school 
pupils in the territory included and the same shall be constituted and 
known as a high school district. 

(Section 6623b.) 

275. District — Determining the territory — Joint high school. 

School commissioners, Boards of School Trustees, Township Trustees 
or other school officials interested may meet and determine the teritory 
to be included in such high school district; make provisions for ample 
school building or buildings and equipment, and provide for the main- 
tenance and support of such high schools as herein provided. 

275a. JOINT TOWNSHIP HIGH SCHOOLS, 

(Acts 1915, p. 580.) 
In two adjoining townships, in any county in this State, having 
a joint assessed valuation of more than seven hundred and fifty thou- 
sand dollars ($75 0,0 00.00) of taxable property, and wherein there is 
not now established, in either of said adjoining townships, or in any 
town or city in either of said adjoining townships, a separate high 
school, and in which there is not now established a joint high school 
for the use of said adjoining townships, and wherein, for each of the 
two years last past, there have been eight or more graduates of the 
township elementary schools residing in each of said adjoining town- 
ships, the Township Trustees of said adjoining townships, whenever 
at least one-third or more of the parents, guardians, head of families, 
or persons, having charge of children, who were enumerated for 
school purposes in said township, at the last preceding enumeration, 
petition the Trustees of said adjoining townships, to establish, erect 
and maintain, a joint high school building and high school, at some 
point within said adjoining townships, to be set out and designated 
in said petition, shall establish, erect, and maintain such joint high 
school building and high school within said adjoining townships as 
petitioned for, and employ competent teachers therefor. 

CONTRACT FOR SCHOOL FACILITIES. 

(Acts 1915, p. 158, amending Sec. 6623c.) 

276. School officials may contract for accommodations — Board of 
control. The school officials of any such township, townships and in- 
corporated towns may authorize and enter into contract with the school 



85 Township Trustees. §277 

commissioners or Board of School Trustees of any such city or incor- 
porated town to provide such high school accommodations for a part 
or all of their respective townships or town corporations by the pur- 
chase of grounds, erection of a building or buildings or by making re- 
pairs of present building or addition thereto, and by equipping the same 
in accordance with existing laws governing cities and towns in such 
procedure including the issuing of notes or bonds of their respective 
corporation and the payment of the same: Provided, That the officials 
of the several school corporations composing such high school district 
may by contract provide for a board of control for such high school or 
schools consisting of the Township Trustee of each township and the 
president of the board of school commissioners or School Trustees of 
each city or town included in such high school district which board of 
control shall have full control and management of such school or 
schools as may be established or maintained by such high school dis- 
trict each member being entitled to an equal vote in such control and 
management: and Provided, That the provision for such board of con- 
trol shall not be effective in any high school district established by 
virtue of this law, except in such high school districts as shall contract 
for such board of control as herein provided. 

Note: It is believed that the school authorities in such 
high school districts had no power to make contracts for the 
control or management of the schools prior to the amendment 
of 1915, but that the officials of the parent corporation in 
which such schools are located, had the control and manage^ 
ment, and will have such control until contracts as provided 
in the amended act shall be made. — Editor. 

Chapter 80, Acts 1915, p. 158, amends and supersedes 
Chapter 13, Acts 1915, p. 29. 

EXPENSES — APPORTIONMENT. 

(Section 6623d.) 
277. Expenses — Apportionment — Estimates. The school commis- 
sioners or Board of School Trustees of such cities and towns shall pre- 
pare and submit annually, prior to the time for the levy of school taxes 
for any year, to the school officials of all interested school corporations 
of said high school district, an itemized statement of the cost of all 
expenditures for improvements and maintenance of such high school 
or schools for the previous year, with an itemized estimate of the cost 
of all proposed improvements, changes, equipment, and expenses inci- 
dental thereto for the ensuing year, including any notes bonds or 
interest thereon falling due and issued under any contract made under 
the provisions of this act, and such school officials shall meet and deter- 
mine the expenditures needed and the total amount required for any 
unpaid obligations, improvements or requirements for the ensuing fiscal 
year of such high school. The total amount shall then be apportioned 
among the several school corporations affected or benefited thereby in 
proportion to the last official assessed valuation in each of said school 
corporations or parts thereof in said high school district. Said offi- 
cials of each school corporation shall pay out of the school funds of 
the township the amount apportioned to their respective school cor- 



§278 Township Tkustees. 86 

porations for the maintenance of such high school and may issue notes 
or sell the bonds of their respective corporations for any permanent 
improvements in such high school or pay the same out of the special 
school fund in their discretion. The school corporation shall assess 
such sum on the entire property within the school corporation or 
against the property of that part of the school corporation directly 
benefited. 

(Section 6623e.) 

278. Warrants — Fund must not be diverted. The amounts due 
from any school corporation shall be paid on warrants issued by the 
order of the proper officials of such school corporation to the treas- 
urer of the board of school commissioners or Board of School Trustees 
of such city or town and such funds shall be used only for said high 
school purposes, and no other. 

(Section 66231) 

279. How township may withdraw from co-operative high school. 

If any school corporation shall at any time wish to withdraw from said 
high school district and establish a separate high school, they shall 
receive from the school corporations remaining in the said district an 
equitable amount for their interest in the property of said high school 
district, to be determined by a board consisting of the county super- 
intendent, county auditor and county assessor. The amount thereof 
shall be paid to the corporation and the sum shall be assessed against 
the remaining school corporations as other amounts are assessed. 

(Section 6623g.) 

280. Act declared to be supplemental one. It is the intent of this 
act that its provisions shall be additional to any statutory provisions 
for the establishment and maintenance of high schools. This act shall 
not therefore be construed to repeal, in whole or in part, any other 
statute having to do with the establishment, maintenance or support 
of public high schools, except as herein provided. 

JOINT SCHOOLS AND HOUSES. 

(Acts 1901, p. 53, Sec. 6620.) 

281. When Trustee may join with adjacent township. The Trustee 
of two or more adjacent school corporations may establish a new school 
district and build a schoolhouse therein at the joint expense of their 
several corporations, whenever, in their judgment, it shall appear neces- 
sary for the better accommodation of the people of their respective cor- 
porations. Provided, That such necessity must be set forth in a peti- 
tion of the persons making the request, such petition to be presented 
to each of said Trustees. And said Trustees shall, at the time agreed 
upon by them, not less than ten days nor more than thirty days from 
the time of receiving such petition, hold a joint meeting for the pur- 
pose of declaring whether such petition shall be granted, and take 
further action as the case may require. 



87 Township Tkustees. §282 

(Acts 1901, p. 53, Sec. 6621.) 

282. Expense of establishing, how borne — Control of school. Each 
corporation shall bear such part of the expense of establishing such 
joint district school as the number of children of school age residing 
in each corporation and attaching themselves to said new district at 
the time of the formation, bears to the whole number of children of 
school age who are attached to said district at its formation and each 
corporation shall assume its share of the debt so incurred. But when 
said school shall be established it shall be controlled by the corpora- 
tion in which it is established in the manner already prescribed by law. 

SCHOOLS — BUILDINGS IN TOWNS — USE BY TOWNSHIP. 

(Acts 1911, p. 141, Sec. 6614a.) 

283. When free use of building is offered — Conditions. Whenever 
the owner of a school building located in an incorporated town ten- 
ders the use of the same for school purposes for the school year to the 
Trustee of the township within which it is located without any charge 
or expense other than keeping the same in proper repair and good 
condition during such school year, such Trustee if he deem the use of 
school building suitable and convenient may use the same for school 
purposes in the same manner as township school buildings are now 
used and the employment and paying of teachers, the admission of 
pupils, and conducting school in said building, and the care thereof 
shall be governed by the laws applicable to township schools located 
without such towns. 

JOINT SCHOOLHOUSE — EXPENSE OF MAINTENANCE. 

(Acts 1901, Sec. 6622.) 

284. How expense of maintenance to be apportioned. The children 
of school age resident in a joint district already established or here- 
after established shall be admitted to the joint school maintained 
therein, without transfer certificates or tuition charge. The trustees 
of the various corporations from which the joint district is made shall 
pay such part of the cost of maintaining the joint school as the num- 
ber of pupils enrolled from each corporation bears to the whole num- 
ber enrolled in the joint school. 

JOINT GRADED SCHOOLS. 

(Acts 1873, p. 68, Sec. 6623.) 

285. When joint graded schools may be established. The School 
Trustees of two or more distinct municipal corporations for school pur- 
poses shall have power to establish joint graded schools, or such modi- 
fications of them as may be practicable, and provide for admitting into 
the higher departments of their graded schools, from the primary 
schools of their corporations, such pupils as are sufficiently advanced 
for such admission. Said Trustees shall have the care and manage- 
ment of such graded schools, and they shall select the teachers there- 
for. They shall have power to purchase suitable grounds for such 



§286 Township Trustees. 88 

graded schools, and erect suitable buildings thereon; and the title to 
all such property, acquired for such purposes, shall vest jointly in the 
corporations establishing the graded schools. 

JOINT SCHOOLHOUSE FOR SEVERAL TOWNSHIPS. 

(Acts 1877, p. 125, Sec. 6617.) 

286. Joint schoolhouse— Two or more townships. The Trustees of 
two or more adjacent counties or townships may establish a new school 
district, and build a schoolhouse therein at the joint expense of their 
several townships, whenever, in their judgment, it shall appear neces- 
sary for the better accommodation of the people of their respective town- 
ships: Provided, That such necessity must be set forth in a petition 
of the persons making the request — such petition to be presented to 
each of said Trustees. And said Trustees shall, at the time agreed upon 
by them, not less than ten days nor more than thirty days from the 
time of receiving such petition, hold a joint meeting, for the purpose 
of declaring whether such petition shall be granted, and take such 
further action as the case may require. 

JOINT DISTRICTS — COST OF ERECTING. 

(Acts 1877, p. 125, Sec. 6619.) 

287. How cost of erection shall be apportioned. Each township 
shall bear part of the expense of establishing such joint district school 
as the number of children of school age residing in each township and 
attaching themselves to said new district at the time of the formation, 
bears to the whole number of children of school age who are attached 
to said district at its formation; and each township shall assume its 
share of the debt so incurred. But when said school shall be estab- 
lished, it shall be supported by the township in which it is established, 
in the manner already prescribed by law. 

JOINT DISTRICTS, SCHOOLHOUSE FOR. 

(Acts 1903, p. 431, Sec. 6618.) 

288. Duty of Trustee when funds insufficient. Whenever a majority 
of the school patrons of two or more adjoining school districts, located 
in two or more adjacent townships, may heretofore have petitioned, or 
whenever they may hereafter petition, in substantial compliance with 
the provisions of section 1 of an act of the general assembly of the 
State of Indiana, in force March 6, 1877, being section 6617, Burns' 
revised statutes 1944, to the Trustees of said townships for the estab- 
lishment of a new school district and the erection of a joint school 
house for a joint graded school, at the place named in said 
petition, for the accommodation of the school children residing in said 
school district, and if said Trustees shall have granted, or may here- 
after grant, the prayer of said petition, or if an appeal may have been 
taken, or may hereafter be taken, to the county superintendent, from 
the decision of said Trustees, refusing to grant the prayer of said peti- 
tion, under the provisions of section 6667, Burns' revised statutes 



89 Township Tktjstees. §289 

1914, and if on such appeal said superintendent may have granted, or 
may hereafter grant, the prayer of said petition, then, in either of such 
events, an emergency shall thereby exist for the procurement of a 
site and the erection of such schoolhouse, as contemplated by section 
9595, Burns' Revised Statutes 1914, and if there is not sufficient 
money on hand for the purpose, the Trustees and the advisory boards 
of said townships shall proceed to raise the money necessary to meet 
such emergency, as provided by said section, and shall also procure 
the necessar:^ site for the erection of said schoolhouse and erect and 
maintain the same as provided by law. 

SCHOOLS — CITY AND TOWNSHIP — JOINT GRADED SCHOOL. 

(Acts 1913, p. 911, Sec. 6622a.) 

289. When matter is to be settled by an election. Whenever twen- 
ty-five (25) legal voters, residing in any incorporated town or city of 
the fifth class and twenty-five (25) legal voters residing in the same 
township, but outside said town or said city, shall petition the school 
board of said town or said city and the Township Trustee of the town- 
ship in which said town of said city is located to erect a joint school- 
house for a joint graded school, or a joint high school, or both, or such 
modification thereof as may be practicable, it shall be the duty of the 
school trustee of said town or said city and of said Township Trustee or 
a majority of them to call elections of the voters of the town or city and 
the voters of the township residing outside of such town or city respec- 
tively, for the purpose of determining whether a majority of the legal 
voters of each school corporation are in favor of building said joint 
schoolhouse. Such elections of the legal voters of the townships out- 
side of the town or city shall be separate and independent. Said Trus- 
tees shall, upon the filing of said petitions, give notice by publication, 
for three successive publications, in a weekly newspaper, if any, pub- 
lished in said township, and if no weekly is published in said town- 
ship, then in the nearest newspaper published in said county, that on 
a day to be named by said Trustee the polls will open at the several 
voting places in said township named in the petition for the purpose 
of taking the vote of the legal voters thereof upon whether such joint 
schoolhouse shall be built; said elections shall be held not less than ten 
(10) days nor more than twenty (20) days after the last publication 
of said notice. 

BALLOTS — ELECTION METHOD. 

(Acts 1911, p. 463, Sec. 6622b.) 

290. Prescribed ballots — Method of the election. On the day named 
in said notice such polls shall be opened and the votes of the legal 
voters shall be taken upon the question of building such schoolhouse, 
and said election shall be governed by the general laws of the State, 
so far as they may be applicable except as otherwise provided herein. 
Said Trustees shall constitute the board of election commissioners and 
they shall cause to be prepared and distributed proper ballots. There 
shall be printed on the ballots two squares and words as follows: 



§291 Township Trustees. 90 

YES For building the schoolhouse. 

NO For [Against] building the schoolhouse. 

Each voter desiring to vote for the building of such joint schoolhouse 
shall make a cross with a pencil in the square containing the word 
"yes," and each voter desiring to vote against tKe building of such 
joint schoolhouse shall make a cross in the square containing the word 
"no." Said Trustees shall appoint inspectors, judges and clerks for 
such elections. The votes cast at such elections shall be canvassed at 
the office of the Township Trustee on the day following said election 
at 10 o'clock a. m., and a certificate of the votes cast for and against 
the building of said schoolhouse shall be filed with said Trustees. If 
a majority of the votes cast at each of such elections are in favor of 
the building of such joint schoolhouse, said Trustees of said school 
corporations shall proceed to build the same, and the township ad- 
visory board shall make the proper appropriation for the proportionate 
part of the cost of said building to be paid by said township. Said Trus- 
tees shall provide a suitable site for said building. 

JOINT OWNERSHIP OF PROPERTY. 

(Acts 1913, p. 911, Sec. 6622d.) 

291. Joint ownership of property — Control and management. Any 

schoolhouse constructed under the provisions of this act shall be joint 
property of said corporations, and such property shall be owned by 
such corporations in proportion to the amount paid by each for the 
construction of the same, and said school shall be open to all pupils 
residing in said town or city or township free of tuition. The trus- 
tee of said school corporations shall have the control and management 
of said schoolhouse and school and the right to employ teachers in 
such school. Neither of said corporations shall ever be deprived of 
its ownership in said building except upon full compensation for its 
proportionate interest in the same. 

COST OF CONSTRUCTION — TAX LEVY — BONDS ISSUED. 

(Acts 1913, p. 911, Sec. 6622c.) 

292. How cost of erection shall be determined — Bonds — Levy. The 

cost of the construction of such joint schoolhouse shall be borne by such 
school corporation in. proportion to the total amount of taxable proper- 
ty in each of such school corporations. If such school town or school 
city shall not have money available to pay for its proportionate part 
of the cost of the construction of said joint schoolhouse, the school 
Trustee of such town or such city may issue warrants or bonds of such 
corporation to meet such proportionate cost. If there are not suffi- 
cient funds available out of the annual township levy to meet the pro- 
portionate cost of said schoolhouse to be paid by such township, then 
the township advisory board of such township shall order bonds or war- 
rants to be issued, and the Township Trustee shall issue township war- 



91 Township Trustees. §293 

rants or bonds to meet such proportionate cost to be paid by such 
school township. Such bonds authorized by this act shall be payable 
in such amounts and at such times as the Trustees of said corpora- 
tions respectively may determine and shall bear such rate of interest 
as may be determined not exceeding four and one-half (4|) per cent. 

TRUSTEE CAN NOT CHANGE OR VACATE HIGHWAY. 

(Acts 1859, p. 220, Sec. 9582.) 

293. The old law of 1852 repealed. Under the law of 185 2 (R. S. 

1, p. 495), three Township Trustees w r ere annually elected, together 
with a township treasurer and clerk. The Trustees were authorized 
to lay out, change and vacate highways when wholly within the town- 
ship. These were given the name of township roads. A new law w r as 
enacted in 1859, p. 220 which is still in force, providing for one Trus- 
tee only. Under the same act the authority was vested in the board 
of commissioners, alone, to lay out, change and vacate highways, taking 
that powder from the Trustee. 

Note: For definition of "township road", see Section 7792 
Burns' R. S., Section 328 this book. 

HIGHWAYS. 

(Acts 1905, p. 521, Sec, 7651-7652.) 

294. Trustee's notice to his supervisor. New r highways, changes and 
vacations of highways, are made under the jurisdiction of the board 
of county commissioners only, by petition, view, review and order 
of such new highway, changes or vacation, and its order made of record 
by the board. 

It then becomes the duty of the auditor to give notice of the action 
of the board to the interested Township Trustee, giving a complete and 
accurate description by courses and distances of such new road, change 
and vacation, together w T ith its w T idth; w T ho shall cause his road super- 
visor to be notified that a new road or change in road may be properly 
worked according to law r . 

HIGHWAYS — BRIDGES — ROAD FUND. 

(Acts 1913, p. 609, Sec. 3823a.) 

295. Repairs or erection costing $100 or less — New law 1913. Un- 
der act of 1913, all bridges erected or repaired on public highways 
when the cost of erecting or repairing shall not exceed $100, shall be 
built by the Tow r nship Trustee and paid out of the towmship road fund. 

HIGHWAYS — CONVICT LABOR EMPLOYED. 

(Acts 1913, p. 233, Sec. 9852a-d.) 

296. 1913 law — Convict labor on highways. By the act 1913, the 
Boards of Trustees of the Indiana Reformatory and Indiana State 
Prison, w r ere authorized to work any number of inmates upon the pub- 
lic roads of the State. 



§297 Township Trustees. 92 

Section three provides that boards of commissioners and Township 
Trustees have power to work the inmates upon the highways of the 
counties and township, and with the consent of the county council 
and advisory boards to enter into agreement with such state board for 
such purpose. Power is given the local authorities to purchase all 
material necessary to perform such work on the highways, and to em- 
ploy expert superintendents of such work. 

HIGHWAYS — TOWNSHIPS — SUPERVISORS ELECTED — DUTIES. 

(Acts 1913, p. 862, Sec. 7760 to 7792.) 

297. 1913 law regulating number of road supervisors — When Trus- 
tee acts — New highway law — Sec. 1, 1913 Act as amended, Acts 1915, 
page 101. The qualified voters in each road district of the several 
townships of the several counties in the State shall, on the second 
Saturday after the first Monday in December, 1916, and every two 
(2) years thereafter, elect a supervisor who shall hold his office for 
the term of two (2) years and until his successor is elected and quali- 
fied. Road districts shall not be held to include any part or parts of 
cities or incorporated towns that may be in the township in which 
such road districts are located. The Township Trustee of each township 
shall on or before the first Monday in December, 1916, and every two 
( 2 ) years thereafter, post up or cause to be posted, in at least two ( 2 ) 
public places in each road district of his township, written or printed 
notices of an election of supervisor of such road district, giving there- 
in the place, day and hour at which such election is to be held. The 
day and hour of such election shall be the same in each road district 
of the township. The place of such election shall, if practicable, be 
a schoolhouse, located in the road district. The Township Trustee shall 
act as inspector of the election in the road district in or nearest to 
which he resides, and shall name from among the qualified voters 
present two clerks, who shall, if possible, not both be of the same 
political party. Such clerks, with the Trustee, shall form an election 
board to judge of the qualifications of voters, and shall collect or re- 
ceive and shall count the ballots cast. If one or more members of 
the election board, or one or more freeholders among the qualified 
voters present shall challenge any one offering to vote, and declare 
under oath that such an one is not entitled to vote, giving reasons for 
such declaration, then, after the one offering to vote and challenged as 
aforesaid shall have been given an opportunity to reply and to declare 
under oath his qualifications, if such one or more members of such 
election board or such one or more freeholders among the qualified 
voters present persist in their challenge and declarations, the one thus 
challenged shall not be allowed to vote unless a freeholder among the 
qualified voters present shall declare under oath that such challenged 
voter is entitled to vote in that road district at that election. For 
the election of supervisor in each road district of his township, other 
than the one in or nearest to which he resides, the Trustee shall name 
an inspector of election, and such inspector shall name two clerks, of 
different political parties, if possible, from among the qualified voters 



93 Township Trustees. §297 

present. Such inspector shall be a freeholder in the road district in 
which the election is held. The inspector and the two clerks shall 
constitute an election board to judge, as heretofore provided, of the 
qualifications of voters, and to receive or collect and to count the 
ballots cast. Such inspector or trustee shall be authorized to admin- 
ister all necessary oaths in relation to such election. The inspector 
and clerks provided for in this act shall serve without pay, but the 
Township Trustee shall be entitled to his regular pay for one day for 
the day on which the notices aforesaid are posted up and for one day 
for the day on which he files reports of election of supervisors with 
the auditor of the county. The Trustee shall provide paper for ballots 
and for the clerks in their count of such ballots. The Trustee or in- 
spector shall be present promptly at the place and hour named in the 
notice of election, and if the said Trustee or inspector shall not appear 
within fifteen minutes after the time set, then the qualified voters pres- 
ent shall select a freeholder from their number as inspector. The 
polls shall be opened in the afternoon at the hour of two (2) o'clock, 
and shall continue open until five (5) o'clock in the afternoon, if all 
voters present have voted, or have been given an opportunity to 
vote, provided that the election board may close the polls sooner if all 
voters present have voted or have been given an opportunity' to vote, 
and no vote has been cast for ten (10) minutes. Immediately upon 
the announcement that the polls are closed, the election board shall 
proceed to count the ballots, and during the count all voters shall be 
excluded from the room in which the count is made excepting only 
the election board and two watchers, who may be named, one by each 
of the clerks. The person receiving the highest number of votes cast 
shall be deemed to be elected. Only those ballots shall be counted 
which contain the name of but one (1) person, and mistakes in spell- 
ing or in initials shall not prevent the ballot from being counted where 
the intent of the voter is evident; all counted or uncounted ballots 
shall be preserved under the seal of the Trustee until June following 
the day of election. Ballots may be either written or printed. When 
the count is completed the Trustee or inspector shall at once announce 
the result and the Trustee shall issue a certificate to the person so 
elected. The inspector of each district other than that of which the 
Township Trustee is inspector shall file with such Trustee the report of 
election in his district, together with all papers and ballots. The Trus- 
tee shall within three (3) days file with the auditor of such county a 
report of all elections of supervisors held in such Trustee's township, 
which report shall be certified to, in the case of each road district, by 
the members of the election board in such district. Each supervisor 
shall at the time of his election or appointment be a qualified voter of 
the road district for which he is elected or appointed. In all townships 
in this State in which the township roads do not exceed ten (10) miles 
in length, the Township Trustee shall be ex-officio road supervisor, and 
in no case shall there be to exceed four (4) supervisors in any one 
township in this State. Such supervisor shall take an oath, before en- 
tering upon the discharge of his duties, for the faithful performance 
thereof, and give a bond with surety to be approved by the Township 



§297a Township Trustees. 94 

Trustee, and conditioned for the faithful discharge of his duties, in the 
sum of not less than two hundred ($200.00) dollars, which bond shall 
be deposited with the Township Trustee : Provided, That if any person 
elected supervisor shall be unable to give such bond, such inability shall 
be a defense to the collection of the forfeiture herein provided for, and 
the Township Trustee shall appoint some one else as supervisor who 
shall serve until his successor is elected and qualified. Each road super- 
visor shall receive for his services actually performed the sum of twen- 
ty-five cents (25c) per hour for not to exceed fifty (50) days except 
that in the event of the election of but one (1) supervisor for his town- 
ship, the Township Trustee may extend the time said supervisor shall 
work to not more than 120 days in any one year to be paid out of the 
township treasury. Before receiving such pay he shall file a sworn 
statement with the Trustee of the township, which statement shall 
specify the days and roads upon which such services were performed. 
Upon failure or neglect to carry out or perform such duties as are 
imposed upon him, any supervisor shall be liable upon the bond here- 
inbefore provided for, or he may be removed from office by the Town- 
ship Trustee. The Township Trustee shall fill all vacancies for the un- 
expired term, and shall notify such appointee of his appointment with- 
in three (3) days thereof. Such supervisors shall have charge of and 
work and keep in good repair the roads of their respective districts. 
They shall be subject to the control and direction of the township 
trustee, who shall see that their duties be faithfully performed, and 
who shall see that the roads of the townships are dragged whenever 
the weather conditions make such work advisable. He shall also call 
but all persons in such district liable to work on highways therein, 
superintend the labor thereon, see that the same is faithfully performed 
and report to the trustee all fines and commutation moneys due such 
district and the same shall be collected by such Trustee, and whenever 
such Trustee shall deem it necessary he may make any change in the 
road districts that may subserve the public interest. On dividing his 
township into road districts, or where any change is made therein, such 
Trustee shall record a plat thereof in the highway record of his town- 
ship, which shall show the roads and parts of roads belonging to each 
road district. 

Note: The material changes from the 1913 law, which is 
in effect until the second Saturday after the first Monday in 
December, 1916, are: the limited number of days which the 
supervisor shall work is changed from sixty to fifty days, and 
the date for election of supervisor is changed from the gen- 
eral election in November to the second Saturday after the 
first Monday in December, biennially. 

297a. WEED-CUTTING ON HIGHWAYS. 

(Acts 1915, p. 622, repealing Sec. 7807-7809.) 

Landowners, through or along whose lands highways run, are 
required to cut down and destroy briars, burrs, docks, willows, sumac, 
reeds, cattails, tall grass, shrubs and all other growths which obstruct 
the view of such highways along, through, or contiguous to the lands 



95 Township Trustees. §298 

of such owners. Such work must be done between June 15th and 
September 1st of each year, and under the direction of the road super- 
visor. The landowner is allowed $1.50 per day of eight hours for such 
work, and a proportionate sum for each fraction thereof, for the time 
necessarily employed thereat, to. be credited upon his road taxes as 
other road work is credited. 

The above provision applies to "township roads" only, and does 
not apply to free gravel or macadam highways, which are under the 
supervision of the county highway superintendent. 

The act of 1915 repeals the old weed statutes, being sections 7807, 
7808 and 7809 Burns' 1914. 

The supervisor may upon complaint by any interested person, or 
upon his own motion, investigate to determine whether any landowner 
in his road district has complied with the requirements of the law. If 
any landowner fails to cut and destroy such growths within the time 
named, the supervisor shall have the work done. In that event, the 
supervisor shall prepare, sign and certify to the county auditor a state- 
ment of the total cost of the work, including the cost of the labor and 
of the investigation, figured at $1.50 per day, to be charged against 
the owner's land as a special weed tax and to be collected at the same 
time and manner as road taxes. 

Any person who violates this law is liable to a fine of not less than 
$5.00 nor more than $10.00 for each separate offense. 

Note: The road supervisor should issue receipts to the 
landowner for the work done, to be credited upon the owner's 
road taxes. 

(Section 7761.) 

298. Road tax — Call by supervisor — Who may be called. Any such 
supervisor shall call out all able-bodied male persons, except insane, 
idiotic, deaf and dumb, and blind persons within his jurisdiction and 
who are over the age of twenty-one (21) years, and under fifty (50) 
years of age, and not exempt from such labor, during not less than 
two nor more than four days of each year between the first day of 
April and the first day of December of each year. The supervisor shall 
require such persons to work on the highways of such district eight 
hours each day, and to furnish in such labor any tool that the super- 
visor may direct, if the demand therefor be a reasonable one. Any per- 
son able to perform an ordinary day's labor shall be deemed able- 
bodied, within the meaning of this act, although the person may be in 
some respects disabled: Provided, That no person who served in the 
army or navy of the United States during the war of the Union or the 
war with Spain or in the Philippine Islands, and who was honorably 
discharged therefrom, shall be required to labor on the public high- 
ways. 

(Section 7762.) 

299. Owners of teams — -Credit for double time. Such supervisor 
may require any person liable to work on such highways who is the 
owner of an ox, mule, or horse-team, road scraper, road scoop, cart 
or wagon to furnish the same, and a driver, in such labor on such high- 
ways, and such person shall receive credit for two days' labor for each 



§300 Township Trustees. 96 

day's service by such driver and team, and shall be given a receipt 
by such supervisor accordingly. 

(Section 7763.) 

300. Penalty — Supervisor issuing false receipt. Any road super- 
visor who shall issue and deliver to any person his receipt, giving credit 
for work done on highways in his district, when such person to whom, 
or for whom such receipt is issued, has not actually worked or caused 
work to be done for the full time that such receipt gives credit for at 
the rate of eight (8) hours for one day's work or has not paid the 
commutation money as provided by law, shall be deemed guilty of a 
misdemeanor, and, on conviction, shall be fined not less than ten dol- 
lars ($10.00) nor more than fifty dollars ($50.00) for every such re- 
ceipt so issued. 

(Section 7764.) 

301. Who may be exempt from road work. On application to the 
Township Trustee any person liable to work on the highways may be 
exempt therefrom, if it be shown that he is unable from bodily infirmi- 
ties to work thereon and that he is too poor to pay the commutation 
therefor; also any person who is a bona fide member of a legally or- 
ganized fire company, located in any city or town in this State. And in 
such cases the Township Trustee shall execute to such person a cer- 
tificate which shall, on being presented to the supervisor, entitle him 
to such exemption. 

(Section 7765.) 

302. Cash payment — $1.50 per day — Exemption. Any person lia- 
ble to work on the highways may be exempt therefrom by paying to 
the supervisor of his road district one dollar and fifty cents ($1.50) 
for each day he is liable to work thereon, and in that case he shall 
receive a receipt therefor from the supervisor. Such supervisor shall 
be authorized to employ some person or persons to work out such 
money, at the rate of one dollar and fifty cents ($1.50) per day, on the 
roads of his district; or failing to do so, he shall pay over all such 
money into the township treasury, for the benefit, of the road district. 

(Section 7766.) 

303. Failure to pay or work — Suit. Every supervisor, within ten 
days after warning out the hands liable to work in his district, shall 
notify the Trustee who shall bring suit before any justice of the peace 
of the township in which such district is situated, and in the name of 
such township, against such persons as fail to work or pay over the 
commutation money therefor; and in such suit it shall be necessary to 
file only an account stating the number of days which each of such 
persons so failed to work or pay for, and charging one dollar and fifty 
cents ($1.50) per day each therefor; and in case of a recovery against 
any such defendant, the judgment shall be rendered for one dollar and 
fifty cents ($1.50) for every day the defendant so failed, and costs of 
suit, and no stay of execution or benefit of exemption, valuation or ap- 
praisement laws shall be allowed on such judgment. In case any such 
Trustee shall fail to bring suit, after having been so notified by such 



97 Township Trustees. §304 

supervisor, he shall forfeit and pay the sum of ten ($10.00) dollars, to 
be recovered in an action brought by the prosecuting attorney, before 
any justice of the peace of the township, in the name thereof; and all 
the money so recovered under the provisions of this section shall be 
received and expended under the direction of the Township Trustee by 
the proper supervisor in the improvement of the highways of his dis- 
trict: Provided, That any such Trustee shall not be required to bring 
suit against any person from whom there is no probability of collect- 
ing, or who, at the time of working, shall be sick or otherwise unable 
to labor. If such person so temporarily sick or disabled be liable to 
pay commutation, he shall so pay, or the Trustee shall sue therefor 
within sixty days. No person able to pay commutation shall be ex- 
empt on account of bodily disability. 

(Section 7767.) 

304. Eight hours constitutes a day's work — Penalty. Any person 
liable to perform labor on the public highways, when notified for such 
purpose, may appear in person or by an able-bodied substitute, and the 
person or substitute so appearing shall actually work eight hours each 
day, under penalties of twenty-five cents for every hour such person or 
substitute shall be in default, to be deducted by the supervisor from 
the price of the day's labor. 

(Section 7768.) 

305. Faithful performance of labor. If any such person or his sub- 
stitute, after appearing shall remain idle or not work faithfully, or 
shall hinder others from working, such offender shall for every such 
offense, forfeit the sum of one dollar and fifty cents, to be collected 
from such person as other fines and forfeitures herein specified, and 
such person or his substitute shall be discharged by the supervisor 
without credit for any part of the work he may have done. 

(Section 7769.) 

306. Employment of additional labor. Such supervisor, within ten 
days after the receipt of any money which he is not required to pay 
over to the Township Trustee, shall proceed to employ laborers to re- 
pair the highways in his district, but shall not pay more to such la- 
borers than is customary in his district for similar services, and such 
supervisor shall superintend such repairs; but in no case shall such 
supervisor neglect to repair such highways, and if such labor shall be 
insufficient therefor, he shall call out the hands in his district to com- 
plete such repairing. If any person so called out shall refuse to work, 
he shall be liable to pay the commutation money therefor, and it shall 
be the duty of the Trustee to bring suit for the same as provided in sec- 
tion seven (7) of this act. See section 303, this book. 

(Section 7770.) 

307. Credit on subsequent labor. When such extra labor provided 
for in the next preceding section shall not require all the hands in the 
district, or an equal amount of labor from each, the supervisor may 

7—4843 



§308 Township Trustees. 98 

assess the same upon such hands as he may deem sufficient, and for the 
excess of work performed by any one over the average amount per- 
formed by all he shall give to each person performing such excess a 
certificate of the amount thereof, which shall be credited to the holder 
on account of any subsequent labor to be done by him on the high- 
ways in his district. 

(Section 7771.) 

308. Material confiscated — Damages — How assessed and paid. The 
supervisor, or any other person by his order, may enter upon any land 
adjoining or near to any highway in his district, and thereupon con- 
struct such ditches, drains and dams, and dig and remove such gravel, 
earth, sand or stone, or cut and remove such wood or trees as may be 
necessary for the proper construction, repair or preservation of such 
highways; and the supervisor, together with two disinterested persons, 
shall proceed at once to the locality and assess such damages in favor of 
the owner of the lands thereof, as in their judgment seems right and 
proper, and report the same under oath, within ten days after such 
assessment, to the Trustee, having first given notice thereof to the 
party damaged and such Trustee shall pay the damages assessed out 
of the township treasury. The oath to such appraisers may be admin- 
istered by the supervisor, and the oath to the supervisor may be ad- 
ministered by the Trustee. No person's land shall be entered when ma- 
terial can be found on the roadway, or convenient in the district on 
the roadways thereof, nor when drainage can be made on the roadway, 
at a cost not exceeding the cost and damages of entering upon private 
lands. In all cases contemplated in this section, demand shall first 
be made of the owner of the land before entering thereon or taking 
material. If he assent, he may point out the material and the location 
from which it is to be taken, and if accessible and fit for the purpose 
intended, the material shall be there taken. If consent be refused by 
the owner, the supervisor shall notify such owner of his intention to 
so enter, for what purpose and for what time, and point out the land 
to be occupied or the material to be taken. In all assessments of 
damages the owner, shall be notified and have leave to select one ap- 
praiser, and shall have notice of the time and place of the meeting of 
the appraisers, and privilege to offer evidence as to damages at the 
time of the assessment by the appraisers: Provided, also, That any 
person aggrieved may appeal from the action of the appraisers to any 
justice of the peace of the township, by giving notice in writing to 
the road supervisor. Such notice must be given within ten (10) days 
after final action by the appraisers, and such person shall give bond 
within thirty days after final action by the appraisers. Such bond 
shall be payable to the Trustee, and shall be filed with and approved 
by the appraisers, and thereupon the papers shall be delivered to the 
justice of the peace; and such appeal shall be determined as other 
questions are determined in civil cases before justice of the peace. 

(Section 7772.) 

309. Abutting landowner to remove obstructions to highways. 

When a public highway, running through or bordering upon a tract 



99 Township Trustees. §310 

of real estate, shall become obstructed, the owner or occupant of such 
land shall remove such obstruction as soon as the same shall come to 
his knowledge, for which the proper supervisor shall allow him a 
reasonable credit on his liability to work on the highways, unless the 
obstruction be caused by the act of such owner or occupant, in which 
case he will be required to remove the same without any credit. 

(Section 7773.) 

310. Opening new highway — -Ownership and removal of timber — 
Supervisors. All trees standing or lying on the land over which any 
highway shall be laid out, which it shall be necessary to remove in the 
opening of such highway, shall belong to the owner of such land if he 
shall remove the same before the supervisor is required to open such 
highway; but all such trees and down timber, or other material found 
on such premises, may be taken and used by the proper supervisor for 
the construction or repair of the highway or of any bridge thereon. 

(Section 7774.) 

311. Bridges and culverts — Erection and repair — When by town- 
ship. If the Township Trustee of the township where any proposed 
bridge or culvert is to be located or repaired shall notify the board of 
commissioners of his county of the necessity of such location or repair, 
and if in the opinion of the commissioners the public convenience shall 
require the building or repairing thereof, they shall cause surveys and 
estimates to be made and provide for the erection of the same: Pro- 
vided, That if the board of commissioners shall not deem such bridge 
or culvert of sufficient importance to justify an appropriation from 
the county treasury for the building or repair thereof, the Trustee of 
the township in which is located such bridge or culvert may appro- 
priate any part of the road fund in the township treasury for that 
purpose, if he shall deem it right and expedient to do so. 

311a. BRIDGES OVER DRAINS — DRAINAGE DISTRICTS. 

(Acts 1915, p. 245.) 

Sec. 34 of the Ballou Drainage Act of 1915, provides that the proper 
county, township or other corporation, shall build or enlarge, where nec- 
essary, bridges over the drains to be constructed under the drainage act, 
upon the order of the board of supervisors of the drainage district. The 
act provides that the secretary of the board of supervisors shall give 
notice to the proper county or township by delivering to the auditor 
or Trustee of such county or township the order of the board of super- 
visors of the drainage district declaring the necessity for the con- 
struction or enlargement of such bridge. Such bridge must be con- 
structed within 10 days after the drainage ditch shall be completed 
across the public highway. 

Note: The question as to the validity of the provision that 
the drainage district officers may compel counties or town- 
ships to build or reconstruct bridges will no doubt be deter- 
mined by the courts. — The Editor. 



§31 lb Township Trustees. 100 

311b. BENEFITS TO HIGHWAYS. 

(Acts 1915, p. 266.) 

Section 61 of the Ballou Drainage Act provides that benefits to any 
highway arising from the construction of a ditch, under the above 
named act, shall be assessed against the proper township, which shall 
be paid by the trustee out of the township fund. 

(Section 7775.) 

312. Preference given to rural mail routes- — Emergency fund — 
Penalty. Sec. 16. That in addition to the duties now conferred on 
them by law in respect to the care of highways, it shall be the duty 
of the board of commissioners, Township Trustees, road superintendents 
and road supervisors to keep in repair and in passable condition all 
highways in their respective districts or jurisdictions along or on which 
United States rural free delivery mail routes have been or may here- 
after be established and maintained, and the Township Trustees shall 
set aside at least five per cent, of the amount of road fund received 
by them each year as an emergency fund to be used in carrying out 
the provisions of this act. It shall be the duty of the above named 
officers in performing their duties in respect to highways to give pref- 
erence to the highways along or over which such rural mail routes 
have been or may hereafter be established and maintained. It shall 
be the duty of such officers to see that such highways are properly 
drained, are kept free of all obstructions, including snow drifts, and 
are at all times in condition to be safe and readily passable to ordinary 
travel. It shall be the duty of said officers, and each of them, upon 
receiving notice of the defective or impassable condition of any of 
the highways so used by mail routes above defined at once repair, or 
cause to be repaired, the said highway or highways. In making such 
repairs the board may repair bridges or culverts wherever necessary 
for the purposes of this act, regardless of the fact that there may be 
no appropriation therefor, and pay for the same out of any moneys 
in the county treasury not otherwise apprriated [appropriated]. If any 
member of any board of commissioners, any Township Trustee, road 
supervisor or superintendent shall fail to repair any such highway 
within his jurisdiction, or to cause the same to be done, for a period 
of five days after receiving notice of the defective condition thereof, 
he shall be deemed guilty of a misdemeanor, and upon conviction there- 
of shall be fined not over two dollars ($2.00) for each day he shall 
have so failed after receiving such notice. 

(Section 7776.) 

313. Expenditure of emergency fund— Five per cent. fund. The 

Township Trustee shall order the expenditure of the funds derived from 
the tax provided for in the last section in the improvement of the high- 
ways of his township under such regulations as he may deem expedient 
for the public interest, and for this purpose shall pay such sums as 
may be necessary, on the order of the supervisors of the township, for 
work done by them under his direction. Such order or orders drawn 



101 Township Trustees. §314 

upon the Trustee shall distinctly state the services performed by the 
person or persons to whom the order is given. 

(Section 7777.) 
314. Road tax— Levy— Work limited to $20 — Balance cash — Road 
tax list — Duty of auditor. The township advisory board, on an esti- 
mate made by the Township Trustee, shall levy annually on or before 
the first Tuesday in June a road tax of not more than thirty cents on 
one hundred dollars ($100) to be levied according to the amount of 
real and personal property owned in such township, outside of the cor- 
porate cities and towns subject to taxation for road purposes, to be 
collected as other taxes are collected, except all road taxes are to be 
collected with the first yearly installment of taxes: Provided, That 
any person or corporation owing taxes so assessed on real estate shall 
be permitted to work out the same up to the amount of twenty dollars 
($20.00) as nearly as practicable in the road district in which such 
real estate lies, and on taxes so assessed on personal property the per- 
son owing the same shall be permitted to work out the same up to the 
amount of twenty dollars ($20.00) in the district where the owner 
resides. Said tax to be worked out at the rate of one dollar and fifty 
cents ($1.50) per day for each man. That the Township Trustee may, 
with the consent of the township advisory board, levy an additional 
tax, not to exceed ten cents on one hundred dollars valuation, to be 
paid into the county treasury, with the first installment of taxes and 
to be paid by the treasurer to the Township Trustee, to be expended 
for the construction and repair of bridges and culverts and for other 
road purposes. All taxes so assessed on real estate or personal prop- 
erty if not worked out under the provisions of this section shall 
be paid into the county treasury in cash, as other taxes are paid and 
shall be paid by the county treasurer to the Township Trustee, to be 
expended for the construction and repair of roads and bridges within 
his jurisdiction. It shall be the duty of the county auditor to procure 
and deliver each year, on or before the 10th of September to the proper 
Township Trustee, a list of all road taxes assessed on each individual in 
his township, and the receipt of the supervisor of the proper district 
for the amount worked out by any tax payer, if not in excess of twenty 
dollars ($20.00) shall be taken by the treasurer of the county in pay- 
ment of so much of said taxes, if presented during the year in which 
the labor has been performed or the year following upon the perform- 
ance of said labor. No supervisor shall issue receipt for work per- 
formed by himself, except for his own road tax but in no case in 
excess of twenty dollars ($20.00) and no county treasurer shall re- 
ceive the certificate of any supervisor except in payment of taxes on 
which the work shall be performed: Provided, further, That the road 
tax assessed on real estate and personal property shall be worked out 
on or before the first day of December of the year for which the levy 
was made. All credits allowed by county treasurers for road taxes 
worked out, upon settlement with the Township Trustee, to be properly 
distributed and charged, and road supervisors are required to make 
out and deliver to the Township Trustee on or before the first day of 



§3 14a Township Trustees. 102 

December of each year, a statement containing a true list of persons, 
of their respective road districts having worked out their road tax, or 
any part thereof, during the year, together with the amount worked 
out by each person. And such supervisors shall likewise file with the 
Township Trustee, the receipts of all persons who are entitled to credit 
for road taxes worked out. And the Township Trustee shall, on or be- 
fore the last day of December of each and every year, file with the 
county treasurer of the proper county all the receipts for road work 
that the proper persons may be given credit therefor on the tax dupli- 
cate. When demanded by the party working out road tax, the super- 
visor shall issue to him a road tax receipt which shall be marked 
duplicate: Provided, That the provisions of this section relative to 
paying all road taxes in excess of twenty dollars ($20.00) in cash shall 
be construed to apply to the current year and shall be in full force and 
effect from and after the first day of April, 1913. 

(Acts 1911, p. 65, Sec. 7778.) 
314a. Redemption of road tax receipts. That whenever any road 
receipt for work done in lieu of taxes shall not have been presented 
for payment the year the work was done, or at the collection of the 
first installment of taxes of the year following, or before the regular 
settlement of the county treasurer with the Township Trustees, when 
all road funds remaining in the hands of such treasurer are paid over 
to the said Trustees, then upon presentation of such road tax receipt, 
or receipts, by the owner of the land for which said road tax was 
worked out, and for which said receipt was given to the Trustee of the 
township from which the same was issued and wherein such work was 
done, such Township Trustee shall upon the presenting of such road 
receipts to him, by the said holder of the same, take up, redeem, and 
pay such road receipts out of any funds available in his hands. 

(Section 7779.) 

315. Supervisor's dutj to give notice to hands. The supervisor 
shall notify each person in his jurisdiction liable to work on the high- 
ways thereof of the time and place of working, either by verbal or 
written notice, and if such person shall fail or refuse to respond such 
supervisor shall issue a second written notice to such person, at least 
three (3) days prior to the time designated for such work and if upon 
the receipt of such second notice such person shall fail or refuse to 
respond he shall thereby forfeit all right to work out such road tax and 
shall be required to pay all his road tax in cash: Provided, That such 
supervisor shall, as nearly as practicable, warn out all persons liable to 
work out their land tax on any certain road of his district, at the same 
time, to the end that he may act as the superintendent or overseer of 
such work and may have enough men working to justify an overseer 
of such work. 

(Section 7780.) 

316. When work may be let to lowest bidder. Such Trustee may 
let out the work contemplated in section 315, this book to the low- 
est responsible bidder, and for this purpose he may cause notices 



103 Township Trustees. §317 

to be posted up in three of the most public places in the township, 
that proposals will be received under such regulations as he may pre- 
scribe, at a time and place to be by him designated, for the improve- 
ment or repair of all the highways and bridges, or any part thereof, 
in such township; and in all such cases such Trustee shall adopt such 
regulations as to the extent of the improvements or repairs, term of 
payments, superintendence of the work, and the time of commence- 
ment and completion thereof, as he may deem proper. Payments on 
such contracts, according to the terms thereof, shall be made by the 
Trustee out of the road or bridge funds in his hands. 

(Section 7781.) 

317. Penalty for injury to drains or obstructions to highways. Any 

person who shall injure any dam, drain, embankment, ditch or other 
construction made for the protection of any highway or bridge, or who 
shall wilfully destroy any guide post, or deface any description or de- 
vice thereon, or who shall unnecessarily, and to the hindrance of pas- 
sengers, obstruct any highway or bridge, and who shall, when driving 
any vehicle, fail to pass to the right when meeting another vehicle, so 
as to allow it to pass without injury, for every such offense, shall for- 
feit the sum of five dollars, to be recovered by the Trustee in the name 
of the township before a justice of the peace of the county; and for 
very day such obstruction is continued the same sum shall be recov- 
ered. In all cases such Trustee, within three days after receiving in- 
formation of any such offense, shall commence such suit, and the sum 
recovered thereon shall be used for the benefit of the highways of such 
township. In case of a recovery in any such action the justice of the 
peace shall tax, as costs, the sum of five dollars as attorney's fees for 
plaintiff's attorney. 

(Section 7782.) 

318. Duty of Trustee as to prosecution of suits — Supervisors. All 
such suits commenced by one Trustee may be prosecuted by his succes- 
sor in office and no costs shall be taxed against him therein. Any super- 
visor who shall fail to use due diligence in keeping the highways of 
his district in good repair, under the regulations herein prescribed, or 
who shall fail to call out the hands of his district to work on the high- 
ways thereof the number of days herein prescribed, unless the tax 
assessed for such repair of such highway is sufficient, shall for every 
such offense, forfeit the sum of ten dollars ($10.00), to be recovered 
before any justice of the peace of the county, in the name of the town- 
ship, by the Trustee of such township; and all sums so recovered shall 
be for the benefit of the district for which such supervisor was elected 
or appointed, and such Trustee shall bring suit within three (3) days 
after receiving information of any such failure of duty by such super- 
visor. 

(Section 7783.) 

319. Supervisor to turn his records to successor. Every supervisor 
shall hand over all books, papers and moneys, as well as all tools in his 
possession, to his successor in office when called for. Township Trus- 
tee shall procure, with available road fund in his hands, such tools 
and implements as may be necessary for road districts. 



§320 Township Trustees. 104 

(Section 7784.) 

320. Trustee to determine improvements to be made. In determin- 
ing upon the amount and character of work which shall first be done 
on any highway, or part thereof, the Township Trustee shall take into 
consideration the importance of the highway to the traveling public, 
and its convenience to gravel, stone or other material to be used in its 
construction. Whenever the citizens interested in the permanent im- 
provment of any highway of public importance, shall, by donation, 
properly ditch, drain, gravel, embank or otherwise improve any such 
highway, such Trustee may contribute and perform work thereon equal 
in value to such donation, if he have the means in his hands to do 
so: Provided, moreover, That every Township Trustee shall set aside 
not less than five per cent, of the road funds received by him each year 
as an emergency fund, to be used in keeping in repair all highways 
in his township along or on which United States rural free delivery 
mail routes have been or may hereafter be established and main- 
tained; and it shall be the duty of every such Trustee, and of 
every road supervisor, to give the preference to such highways in 
keeping the same in repair. Such highways shall be kept properly 
drained and free from all obstructions, including snowdrifts, so as to 
be at all times in good condition for ordinary travel. 

(Section 7785.) 

321. Trustee may administer necessary oaths. Each Township Trus- 
tee is empowered to administer oath in all cases touching the prose- 
cution of the business of the township of which he is Trustee. 

(Section 7786.) 

322. All road moneys, to be used for road purposes. All road 
money on hand or that may hereafter be paid to the county treasurer 
under the provisions of this or of any previous act, shall be paid to 
the proper Township Trustee and be expended by him as other road 
funds are required by this act. 

(Section 7787.) 

323. Annual report of supervisor to Trustee. Each supervisor of 
each road district shall, on or before the first day of December in each 
year, make a full and succinct report, under oath, of his proceedings, 
showing the names of all persons liable to perform, or who have per- 
formed, labor on the roads in his district; the amount of commutation 
money received from any and all sources whatever and how the same 
has been expended; and shall pay such balance to and file such report 
with the Trustee of his township on that day. 

(Section 7788.) 

324. Duty of Trustee to audit supervisor's report. Such Township 
Trustee shall audit the reports referred to in the last section and en- 
force the payment of any such balance and compel such report by 
suit 



105 TownshipTTrustebs. §325 

(Section 7789.) 

325. Makes inventory of, and responsible for tools. Every road 
supervisor shall be responsible for the care and safe-keeping of all the 
tools belonging to his road district and on going out of office shall 
report the number and kind of tools in his hands to the Trustee of his 
township under oath; and such Trustee shall charge each supervisor, 
on coming into office, with the whole amount of tools in his district, 
as shown by the statement of his predecessor in office. Such super- 
visor shall be liable for any loss of, or damage to the tools belonging 
to his road district, occasioned by his neglect, to be recovered in the 
name of his township, upon complaint of the Trustee of such township 
before any justice of the peace therein. 

(Section 7790.) 

326. How district boundary lines are to be worked. All roads run- 
ning on township, county or road district lines are assigned for con- 
struction and repairs as follows: On roads running north and south, 
the north half is assigned to the township or townships and district or 
districts on the west side of such line, and the south half is assigned 
to the township or townships and district or districts on the east side 
of such lines; and on roads running east and west, the west half is 
assigned to the township or townships and districts on the south side 
of such line, and the east half of the township or townships and dis- 
trict or districts on the north side of such line, and the highways so 
assigned shall be under the control of and be kept in order by the 
Township Trustee of the township to which they are assigned. All roads 
running on lines dividing this State from other States shall be worked 
in conjunction with such other State and shall be assigned for construc- 
tion and repairs in the same manner as above provided in cases where 
roads run on township or county lines, as far as applicable. 

(Section 7791.) 

327. Penalties for knowingly receiving inferior work. Any Town- 
ship Trustee or road supervisor who shall violate any provision of this 
act, or who shall accept any work knowing that the same is defective 
according to contract, or who shall give any receipt except for work 
actually done or material furnished shall be subject to a penalty of 
not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), 
to be collected in a civil action and he shall be liable on his bond for 
any loss which the township may suffer from violation of this act. 

(Section 7792.) 

328. Definition of township road. The word township road as used 
in this act shall be construed to mean any road in any township in this 
State, the cost of maintenance and repair of which is paid wholly out 
of the proper township treasury and the oversight and superintendence 
of which is vested in the proper Township Trustee. 

(Acts 1913, p. 877.) 

329. 1913 Road law repeals all conflicting laws. All acts and parts 
of acts in conflict with the highway act of 1913 were repealed by that 
act. 



§330 Township Trustees. 106 

HIGHWAYS. 

(Acts 1913, p. 411, Sees. 7759d and 7759h.) 

330. Condemnation proceedings for gravel pits — Counties 90,000 to 
150,000. The act 1913, authorizes boards of commissioners of coun- 
ties with population 90,000 to 150,000 last preceding census, when 
adjudged necessary to the interests of its free gravel roads or turn- 
pikes, to require an entry upon any lands, stream, lake or river to 
procure gravel, sand, stone, timber or other material for such roads. 

This is sought through condemnation proceedings in civil action in 
the circuit or superior court. 

The act also provides for sale of road material to townships. 

Section five of the act reads as follows: 

The board of commissioners of any such county may sell any of said 
road material to any of the townships of said county for highway pur- 
poses upon receipt from the Township Trustees of said townships of a 
sum not less than the actual cost to the county of the furnishing of 
said road material. In the event said county should sell any of said 
road material to a township, the Trustee of said township shall pay to 
the auditor of such county the price agreed upon and thereupon said 
money shall be paid to the treasurer of said county by said auditor, 
and that said auditor shall take a receipt therefor from the treasurer 
and said receipt shall be filed in the auditor's office of said county and 
be made a part of the records thereof. 

BRIDGES. 

(Acts 1885, p. 58, Sec. 3795.) 

331. 1885 Act — Election — Non-liability of township for certain 
claims. Under the act 18 85, where a township has by 60 per cent, of 
the voters at an election decided to make an appropriation to aid in 
the construction of a bridge over a boundary stream; it is provided 
that such township shall not be liable for any debt or claim for work, 
labor or materials furnished in its construction or its repair; nor for 
any personal damages to any one by reason of imperfect construction 
or the same getting out of repair. 

(Acts 1913, p. 609, Sec. 3823a.) 

332. 1913 Act — Bridges, erection or repairs,. $100 or less — Town- 
ship road fund. Under the act 1913, it is provided that hereafter all 
bridges erected or repaired on public highways, when the cost of 
erecting or repairing shall not exceed $100, shall be built by the Town- 
ship Trustee and paid for out of the township road fund. 

Section 2, repeals all laws or parts of laws conflicting with the act. 

DITCH — ASSESSMENTS. 
(Acts 1907, p. 50S, Sec. 6150.) 

333. Ditch assessments paid from township fund. Assessments 
made against a township as benefits in the construction of a public 
ditch shall be paid from the township fund. 



107 Township Trustees. §334a 

DRAINAGE — TOWNSHIP ACT OF 1915. 

(Acts 1915, p. 320.) 

334a. Supervision Township Trustee. The cleaning, repair and gen- 
eral superintendence of all ditches or drains that may have been, or 
may hereafter be, constructed under and by virtue of any law of this 
State, except dredged ditches, shall be under the exclusive charge 
and supervision of the Township Trustee of the township in which 
such ditches or drains or any part or parts thereof are located, and 
it shall be the duty of such Township Trustee to see that all such 
ditches or drains, or such part or parts thereof as lie within his juris- 
diction are cleaned out and kept open and in proper repair and free 
from obstructions, in conformity with the original specifications there- 
of, and in such manner that they may fully and completely discharge 
the functions for which they were designed and intended, and such 
Trustee shall likewise have and exercise general supervision over such 
ditches or drains when the work of cleaning and repairing shall have 
been completed and accepted, and to make and supervise the levy and 
expenditure of such assessments as may be needful to keep such 
ditches or drains in a reasonable state of preservation and repair. 

Note: This law does not apply to ditches or drains which 
have been or may be constructed by drainage corporations. 

The cleaning and repairing of any public drain (except 
dredged ditches) should be done by virtue of this law under 
the supervision of the Trustee, unless the requisite number 
of landowners interested in any such drain shall file a peti- 
tion with the county auditor to have the work done under 
the county drainage act, and the board of commissioners shall 
grant such petition, whereupon the work of cleaning and re- 
pairing such drain shall be done under the supervision of the 
board of county commissioners, and such drain shall there- 
after continue to be under the jurisdiction of the board. Sec- 
tion 35, Acts 1915, p. 417, at p. 453. 

334b. Duty to clean and repair. It shall be the duty of the Town- 
ship Trustee of each and every township of this State, in which any 
such open ditch or drain, or any part or parts thereof, are located, to 
clean out, and repair, and remove all obstructions therefrom, biennial- 
ly. Except as otherwise provided in this act, no Township Trustee of 
any township in this State shall be authorized or required to clean out 
or repair any open ditch or drain or any part or parts thereof within 
his jurisdiction until at least one (1) year shall have elapsed since 
its construction, if newly constructed, or until one (1) full year shall 
have elapsed since it was last cleaned out or repaired under the pro- 
visions of any former law. And in order to equitably distribute the 
work of cleaning or repairing any such open drains or ditches over 
such biennial periods as are herein provided for, it is hereby declared 
to be the intent and purpose of this act that all open ditches and 
drains situated within any township in this State shall be divided into 
two (2) groups, on the basis of the necessity or urgency for such 
cleaning or repair, or the time which has elapsed since such drains 
or ditches were last cleaned out, repaired, or constructed. All such 
open drains or ditches which are comprised in the first group shall 



§334c Township Trustees. 108 

be cleaned out and repaired in 1915 and every two (2) years there- 
after, and all such open ditches or drains comprised in the second 
group shall be cleaned out and repaired in 1916 and every two (2) 
years thereafter, and so on, yearly, group alternating with group. 
Such groups need not comprise an equal number of such open drains 
or ditches, and the classification or grouping of such open drains or 
ditches shall be made by the Township Trustee of the township wherein 
such open drains or ditches are located, in conformity with the pro- 
visions of this section, avoiding in all such groupings or classifications, 
unreasonable, arbitrary, or invidious discriminations. 

334c. Employment of surveyor. The Township Trustee of any town- 
ship in this State, in order to more accurately ascertain the depth and 
width of such open ditch or drain according to the original specifica- 
tions and grade line thereof, and to divide such work into stations 
not exceeding one hundred (100) feet in length, and to compute and 
determine the number of cubic yards of earth which it will be nec- 
essary to remove from each one hundred (100) feet of such ditch or 
drain, and to determine the labor necessary to repair such open ditch 
or drain in such manner that it will conform to the original specifica- 
tions thereof, and to establish the necessary grade stakes, and to 
perform any and all other engineering work of any kind or char- 
acter whatsoever which may be necessary to fully carry out the pro- 
posed work of cleaning and repairing, is hereby authorized to procure 
the assistance of the county surveyor, or a competent engineer if the 
county surveyor be incompetent, or not entirely disinterested. Such 
surveyor or engineer shall receive for his actual services in assisting 
such Township Trustee, as hereinbefore provided, the sum of four dol- 
lars ($4.00) per day, and not to exceed two dollars ($2.00) per day 
for the services of each deputy surveyor, and the same rate for parts 
of days, to be paid out of any money in the township treasury not 
otherwise appropriated, upon a report on oath filed with such Town- 
ship Trustee; but in cases where it is necessary to employ a civil 
engineer to act in such capacity as a deputy surveyor, then such 
deputy shall be paid at the rate of not to exceed four dollars ($4.00) 
per day for the time actually employed: Provided, That the total 
amount to be allowed to such surveyor or engineer for the services of 
himself and his necessary assistants shall not exceed the sum of ten 
dollars ($10.00) for each mile of any such open ditch or drain. All 
preliminary work preceding the actual work of excavation, including 
the engineering, clerical work, the advertising, and the letting of the 
contracts of any ditch or drain contemplated in this act, shall be com- 
pleted by the first day of August of the year in which such repair 
work is done. As soon as practicable after the county surveyor or 
civil engineer shall have completed his surveys, he shall prepare a writ- 
ten report in which shall be embodied all such computations, specifica- 
tions, information, data and statistics which he may have ascertained 
from his survey, and which may be necessary to enable such township 
trustee or any contractor to successfully carry out the work of cleaning 
and repairing; and he shall, on application of such Trustee, deliver 
such report to such Trustee. 



109 Township Trustees. §334d 

334d. Cleaning — Advertising for bids. After procuring such com- 
putations and specifications from such surveyor or civil engineer as 
provided for in section three (3) of this act, such Township Trustee 
shall furnish on demand to any person interested, or to any one 
proposing to bid on such work, the computation of the number of 
cubic yards of excavation in each station as is above provided for, 
and such other facts appertaining to such work which such Trustee may 
have at his disposal; and he shall give notice for two (2) weeks and 
in at least two (2) issues of a newspaper of general circulation printed 
and published in each county in which any lands assessed for benefits 
are situated, and the office, plant or establishment of which news- 
paper is located nearest to the line of the ditch or drain, and the 
last insertion of which notice shall be at least ten (10) days prior 
to the day on which the contract for the cleaning and repairing of such 
ditch or drain is to be awarded, as hereinafter provided. And he shall 
likewise give notice for ten (10) days by posting written or printed 
notices in at least five of the most public and conspicuous places in 
such township or in the vicinity of the proposed work. Such printed 
or posted notices shall set forth the time when and the place where 
such ditch or drain shall be sold for repairs. 

334e. Awarding of contracts. Such Township Trustee shall on the 
day and hour and at the place designated in the notice, proceed to 
let such work by contract to the lowest and best responsible bidder. 
He may let the work as a whole, or subdivide the same into two or 
more sections and let the same in separate contracts, as will in his best 
judgment the most speedily and economically accomplish its comple- 
tion: Provided, That any person against whose lands assessments 
for repairs have been made shall have the preference, at the same 
rate, over any other contractor, to the extent of his individual assess- 
ment, respectively, and if such person so assessed for the repair of such 
ditch or drain shall be present at the time when such contracts for 
repairs are let, and shall demand a contract for such portion of such 
work as shall approximately equal his assessment, and shall, in the 
judgment of the Township Trustee, be entirely competent to undertake 
such work. And in the event that a portion or allotment of such work 
is contracted to any person or corporation interested in the repair 
thereof, such Township Trustee shall, whenever practicable, locate such 
share, portion or allotment of such ditch upon such tract of land owned 
by such person, or upon the right of way of such corporate road or 
railroad in such manner as to meet the convenience of the owner or 
owners, and he shall fix a permanent mark or monument at the place 
of beginning of such portion or allotment and he shall likewise es- 
tablish a permanent mark or monument at the termination of such 
portion or allotment and give the exact location of such portion or 
allotment, its length in feet, and a brief description of the manner in 
which the work shall be done. Any such interested person or corpo- 
ration to whom a share or portion has been sold, shall, within the 
time which shall be reasonable, and which for good cause, such as in- 
clement weather or other unavoidable causes, may be extended un- 
der the direction of such Township Trustee, construct such part of 



§334f Township Trustees. 110 

such work so set off to him, and if such person or corporation is not 
ready with a sufficient force to execute and proceed properly and ex- 
peditiously with such work when the contractor shall have the work 
ready for him to begin, in such manner as not to retard or obstruct the 
progress of the work, or if such person or corporation shall fail or 
refuse to construct such portion of such work so contracted to him 
within the time and according to the specifications, or should it be- 
come manifest, before the expiration of such time, that such person 
or corporation would not complete the same, or would be unable to 
complete the same within the time limited, or in the manner specified, 
then such person or corporation shall forfeit all right conferred by 
his contract to such contractor and shall in addition thereto be liable 
to such contractor for any damage for any avoidable delay which such 
contractor may suffer by reason of the neglect or failure of such per- 
son or corporation to proceed properly with such work, but such per- 
son or corporation so in default shall be allowed on his contract a 
fair price for the work he has performed up to the time his contract 
is so annulled, such price to be determined by the Township Trustee 
letting the contract for the work. If such person or corporation to 
whom an allotment of work is contracted shall perform his work 
within the time specified, the price thereof shall be applied on his 
assessment, and the same shall not be collected of him as hereinafter 
provided. Any person or persons who shall have successfully bid for 
the whole or any part of such work shall when the same is set off to 
him, enter into a contract with the Township Trustee to perform such 
part of such work and give bond with two freehold sureties, for not 
less than double the amount for which the same is sold to be ap- 
proved by such Township Trustee, for the performance of his contract, 
and that he will pay all damages occasioned by his nonfulfillment of 
his contract, which may be recovered in any court of competent juris- 
diction. And the Township Trustee may bring suit in the circuit or 
superior court of the county upon any undertaking or upon the bond 
of any contractor for any breach thereof, and the amount recovered 
shall be paid into the general township fund of such township, and 
in all suits brought by the Township Trustee under the provisions of 
this act such Township Trustee shall also recover attorney fees and the 
judgment shall be without relief from valuation or appraisement laws. 
And in case any person or persons whose lands are assessed for the 
repair of such ditch or drain shall be damaged by reason of such 
default and failure of such contractor to complete the work within the 
time limited, such contractor so in default shall be liable on his 
bond to the person or persons so damaged to the full amount of such 
damages, which may be recovered in any court of competent jurisdic- 
diction in a suit or an action on such bond in the name of the State 
of Indiana on the relation of the person or persons damaged for the 
use of such person or persons injured or damaged, and the amount 
recovered shall be paid to the person or persons injured. 

334f. Trustee has charge of work. The Township Trustee shall 
oversee all such work and have the same done in strict accordance with 
the specifications as hereinbefore described and in a workmanlike man- 



Ill Township Trustees. §334g 

ner and with reasonable expedition, and if such Township Trustee shall 
refuse, fail or neglect to have such repairs made and done according 
to the provisions of this act and conformable to the specifications as 
hereinbefore provided, he shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof, be fined in any sum not less than 
twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), 
for each and every offense. And when said work is completed said 
Trustee may have the same accepted by a competent surveyor, and 
the service of the surveyor shall be paid by the township. 

334g. Repairing obstructed drainage. And such Township Trustee 
shall likewise be authorized and required to clean out and repair any 
open or untiled ditch or drain within his jurisdiction when such ditch 
or drain shall have become choked or obstructed by accumulations of 
sand, earth, brush, debris or other material and when the flow of the 
water in such ditch or drain is checked, obstructed or dammed up 
thereby. And if the probable cost of such repair will not exceed ten 
dollars ($10.00) such Trustee shall proceed promptly to have such 
work done in the most efficient and economical manner. And he 
shall pay the cost of such labor and repair out of the emergency 
fund of the proper ditch or drain hereinafter provided for, unless 
there be no such fund or unless such fund shall be exhausted. And 
in the event there be no such fund or when such fund shall be, or 
shall become exhausted, then such Township Trustee shall pay the cost 
of such labor and repairs in the first instance out of the township treas- 
ury and when the first assessment for biennial repairs next succeeding 
shall be made, such sums, so advanced, together with any interest, at 
the rate of six per cent. (6%) per annum, which has accumulated 
thereon, shall be added to and become a part of the sum or sums 
raised for repair work and shall be assessed and distributed proportion- 
ately, as herein provided, on all persons or corporations assessed for 
repairs. But if the probable cost of such cleaning or repairs shall 
exceed ten dollars ($10.00), then and in that event such trustee shall 
proceed in all cases as is in this act provided for the biennial repair of 
open or untiled ditches and drains. 

334h. Shrubbery removed. The Township Trustee shall have all 
brush, weeds, willows, trees, or other natural growth removed from 
the banks of all open and tiled ditches and drains excepting in cities 
and towns, or from the banks of such part or parts thereof as lies 
within his jurisdiction for a distance of twenty (20) feet on either 
side thereof, during the month of July, each year except where such 
natural growth other than weeds protects the washing of such ditches 
and does not interfere with the flow of water in such ditch. If the total 
cost of cutting and removing such brush, weeds, willows or other 
natural growth shall not exceed ten dollars ($10.00) such Township 
Trustee shall proceed to have such work done in the most efficient 
and economical manner and he shall pay the cost of such labor out 
of the proper emergency fund if there be such fund, and unless such 
fund be exhausted, and in the event that there be no such fund, or 
that the fund shall be or shall become exhausted, then such Township 
Trustee shall pay the cost of such labor or repairs, in the first instance 



§334i Township Trustees. 112 

out of the township treasury and when the first assessment for bi- 
ennial repairs for any open drain, or for the creation of an emergency 
fund in the case of tile drains next succeeding shall be made, such 
sum, so advanced, together with any interest at the rate of six per 
cent. (6%) per annum thereon, shall be added to and become a part 
of the sum or sums raised for repair work and shall be assessed and 
distributed proportionately, as in this act provided, on all persons or 
corporations assessed for repairs. But if the probable cost of re- 
moving such growths shall exceeed ten dollars ($10.00) then and in 
that event such Trustees shall at any time prior to July 1, each year, 
let the contract for the removal of such weeds, brush, willow trees 
or other natural growth to the lowest and best responsible bidder, 
after having published notice in some paper enjoying a general cir- 
culation among the persons interested therein: Provided, That the 
last of such notices shall be inserted at least ten (10) days prior to 
such letting. And he shall pay the costs of such labor or repair in 
the first instance out of the township treasury and when the first 
assessment for biennial repairs of any open drain or for the creation 
of an emergency fund in the case of tile drains, next succeeding shall 
be made, such sum, so advanced and expended, with interest at the 
rate of six per cent. (6%) per annum which has accumulated thereon, 
shall be added to and become a part of the amount or amounts raised 
for such repair work and shall be assessed and distributed pro- 
portionately as herein provided. If any such Township Trustee in 
this State shall refuse, fail or neglect to have such repairs made and 
done according to the provisions of this section he shall be deemed 
guilty of a misdemeanor and shall, upon conviction thereof, be fined 
in any sum not less than ten dollars ($10.00) nor more than twenty- 
five dollars ($25.00) for each and every offense. 

334i. Tile drains — Cleaned and repaired. All the drains which may 
be within the jurisdiction of and under the supervision of the several 
Township Trustees of this State shall be repaired under the direction 
of such Trustees whenever the necessity for such repairs may arise 
or exist and shall not be classified for biennial repairs as herein pro- 
vided for open drains. Any Township Trustee of any township in this 
State shall be and is hereby authorized to repair any tile drain within 
his jurisdiction, at any time, upon notice of the necessity of such 
repairs, by any person or corporation interested. Upon the receipt of 
such notice, such Township Trustee shall proceed immediately to have 
such tile drain repaired without advertising, letting a contract or con- 
tracts for the performance of the work, or imposing or apportioning 
assessments as hereinafter provided, if the total cost of such repair 
does not exceed ten ($10.00) dollars, and such Trustee shall pay such 
cost of repair out of the emergency fund of the proper tile drain, as 
hereinafter provided, if there be such fund, and unless such fund be 
exhausted. And in the event that there be no such fund, or that 
the fund shall be or shall become exhausted, then such Township Trus- 
tee shall pay the cost of such labor and repairs out of any funds in 
the township treasury not otherwise appropriated. But if and in the 
event that the cost of such repairs shall exceed ten dollars ($10.00) 



113 TownshipVTrustees. §334 j 

then such Township Trustee shall proceed by advertising and letting a 
contract or contracts for the performance of the work in all respects as 
is provided in this act for the letting of contracts for the repair and 
cleaning of open ditches or drains. As soon as any such contract or 
contracts shall have been awarded, and if there be no emergency 
fund, such Township Trustee shall provide for the creation of an emer- 
gency fund by levying an assessment upon the lands which will be 
benefited by such repairs in the proportion and on the basis of the 
original assessment for the construction of such tile ditch or drain 
and in accordance with the benefits received thereby. 

334 j. Certifying cost — Emergency fund. The Township Trustee 
shall certify the cost of the maintenance and repair of any ditch or 
drain, or any part or parts thereof, which lie within his jurisdiction 
and which is cleaned out and repaired under his supervision, and he 
shall certify the cost of his necessary assistants, and any and all other 
expenses authorized by any of the provisions of this act, as soon as 
such costs are known and ascertained. And he shall likewise provide 
for a fund to be known and designated as an emergency fund, for such 
purposes as are in this act provided. Such emergency fund shall be 
equal to approximately one per cent. (1%) of the original costs 
of the construction of such ditch or drain. And in order to raise the 
necessary money to defray the expense herein authorized and to create 
and replenish the emergency fund provided for in this section, such 
Trustee shall apportion and assess the costs necessary to repair any 
tile drain and the sum or sums required to create or replenish the 
emergency fund, hereinbefore defined, upon the lands which will be 
benefited by such repairs or removal of obstructions in proportion 
and on the basis of the original assessment for the construction of 
such tile drain and according to the benefits received thereby. If any 
tile drain contemplated in this act shall have been newly constructed, 
or reconstructed the cost of such reconstruction shall be taken as the 
basis in determining the proportionate assessments for benefits or 
damages in repairing or cleaning. If at any such biennial levy for 
necessary costs of labor and repairs or replenishment of the emergency 
fund, such Trustee shall find that the emergency fund levied at the 
last preceding biennial assessment is not exhausted, and if in his 
judgment no additional levy for an emergency fund is required, then 
and in that event he shall not be required to make such additional levy 
for the increase of such emergency fund. 

334k. Tax levy. The amount or amounts of money which may be 
necessary to clean or repair any open ditch or drain and to create an 
emergency fund to. keep such ditch or drain in a state of repair, as 
hereinbefore provided, shall be raised by levying a flat or uniform rate 
upon all agricultural lands, town or city lots, streets, alleys, high- 
ways, public grounds, and railroad rights of way which may be bene- 
fited. For purposes of taxation each town or city lot shall be deemed 
to be equivalent to one (1) acre of agricultural land and shall be 
assessed at a uniform rate per acre or per lot, as the case may be. 
The acreage comprised in all highways, streets, alleys, public grounds 
or railroad rights of way shall be estimated and assessed proportionate- 

8—4843 



§3341 Township Trustees. 114 

ly. The Township Trustee shall award to each tract or parcel of land 
through which any open ditch or drain passes reasonable damages, 
which in his judgment, accrue to such lands by reason of the presence 
or existence therein or thereon of such open ditch or drain, and the 
benefits assessed to such tract or parcels of land shall be abated ac- 
cordingly. The Township Trustee shall take note of any accumulations 
of earth or debris or any other obstructions in the channel of such 
ditch or drain which! are directly traceable to the negligence of any 
landowner. The Trustee shall notify such landowner of the presence 
of such accumulations or obstructions and give him an opportunity 
to remove them at his own cost, and upon failure or refusal to do so, 
the Trustee shall estimate the approximate cost of removing such ob- 
structions and accumulations and assess the same as special benefits 
to such landowner and the special assessment so made shall be col- 
lected at the same time and in the same manner that assessments for 
cleaning and repairs are collected. 

3341. Record of assessments — Objections. Such Township Trustee 
shall reduce such assessments to writing, and after the same are 
finally fixed and established he shall record the same in a book to 
be kept for that purpose, and known as the township drainage record. 
He shall thereupon cause to be posted up, for not less than ten (10) 
days, in five (5) public places in the township where lands are assessed 
for the repair of such work, written or printed notices of the place 
where and the time when he will hear all objections that may be 
made to such assessments, which notice may be in substance as fol- 
lows: 

To whom it may concern: 

You are hereby notified that I will be at my office on the 

day of 19 . . . . , at the hour of and will then and 

there hear all objections that may be made to my assessment for 
cleaning out biennially and keeping in repair (or creating an emer- 
gency fund in case of a tile drain) the ditch, in 

township, county, Indiana, when 

and where you can appear and be heard if you see fit. 



Township Trustee. 
Dated this day of 19... 

A copy of said notice shall also be sent by mail to. each individual 
whose lands are assessed for the repair of such work, and to an 
officer of each corporation, and to a station agent of each railroad 
which has been assessed for the repair of such work. Where the resi- 
dence of any non-resident owner of such land is known to the Town- 
ship Trustee, he shall send a copy of such notice by mail to such non- 
resident. If a non-resident owner of land has a known agent in the 
county a copy of said notice shall be mailed to such agent. 

334m. Power to change assessments. Upon the day named in such 
notice, such Township Trustee shall be present at the time and place 
therein mentioned, and shall hear all objections made to such as- 
sessments, and shall have power to administer oaths to all persons 



115 Township Trustees. §334n 

examined before or by him. He may adjourn the hearing from day 
to day, or from time to time, as may be deemed necessary until all 
objections are heard. All persons interested shall take notice of such 
adjournment without further notice. After hearing all objections 
that may be offered to such assessments, such Township Trustee shall 
confirm or change the same as justice may require, and shall enter 
an order accordingly, which shall be final and conclusive upon all par- 
ties interested, unless appealed from in ten (10) days thereafter. 

334n. Omitted assessments — Appeal. If any person or corporation 
benefited by any ditch or drain now constructed or which may here- 
after be constructed under any of the drainage laws of this State, shall 
have been inadvertently or for any other reason omitted in the origi- 
nal assessment for the construction of such ditch or drain, the Town- 
ship Trustee shall, by and with the aid of the surveyor or civil engi- 
neer as hereinbefore provided for, and at the time when ascertaining 
the grade line and making the specifications for such ditch or drain, 
levy on such person or corporation so benefited a reasonable assess- 
ment for the repair of such ditch or drain. Any person or corporation 
aggrieved by any assessment imposed under the provisions of this act 
may appeal therefrom to the circuit court or the commissioners' court 
of the county by filing with the clerk of said court or the county 
auditor, within ten (i0) days from the time of such order, an under- 
taking conditional that he will duly prosecute such appeal, and pay 
all costs that may be adjudged against him on such appeal, such surety 
to be approved by said clerk or county auditor; whereupon such clerk 
or county auditor shall issue a notice in the nature of a summons to 
such Township Trustee, which shall be served by the sheriff of said 
county, and thereupon such Township Trustee shall file with such clerk 
or county auditor a copy of the record of such assessment and the 
objection of the appellant thereto, which shall be all the proceedings 
necessary upon such appeal. If the circuit or commissioners' court 
reduce the assessment one-fifth in amount then all costs occasioned 
by such appeals shall be taxed against such Township Trustee, and paid 
out of the general funds in the township treasury not otherwise ap- 
propriated, otherwise the costs shall be adjudged against the appellant. 
If more than one person appeal separately the cases shall be con- 
solidated and tried together. The circuit or commissioners' court 
may confirm the assessment made by the Township Trustee or change 
the same, and its decision upon such appeal shall be final and con- 
clusive. In case of the subdivision of tracts of land the assessment 
for repairs of such drains and ditches as may be located thereon shall 
be proportionately divided by such Trustee or by contract between the 
persons interested and the duties prescribed under this act, pass to 
grantee. 

334o. Railroad assessments. That in all cases where the record of 
the original assessment for the construction of such ditch or drain 
shall have been lost, destroyed, mutilated, or is for any other reason 
inaccessible, such Township Trustee and such surveyor or civil engineer 
shall be authorized and required to ascertain and determine by actual 
view and inspection the lands and highways and right of way of any 



§334p Township Trustees. 116 

railroad or railroads which will be benefited by such work of repair 
and shall fix and apportion the assessments on such lands, highways, 
right of way and easements as shall in their judgment seem just and 
equitable, conformable to any laws which are now or may hereafter 
be in force in this State in relation to the construction of drains and 
ditches. 

334p. Trustee collects assessments. The tax assessed for the repair 
and maintenance of such ditches and drains shall be paid to the 
Township Trustee as follows: Twenty-five (25) per cent, thereof shall 
be paid to such Township Trustee within thirty (30) days after the 
commencement of any repair. The remaining seventy-five (75) per 
cent, of such assessment shall be paid in three equal installments at 
intervals of thirty (30) days each, or as the work progresses. And if 
any person or corporation assessed for the repair of any such ditch or 
drain shall permit his four (4) installments to become delinquent, 
such delinquent shall be liable to a penalty of not to exceed eight per 
cent, upon the amount of any installment not paid when due, which 
the persons or property assessed shall pay, together with the cost of 
collection, and such Township Trustee may bring suit in any court of 
competent jurisdiction of the county wherein such ditch or drain is 
located to collect such delinquent tax and expense and enforce and 
foreclose the lien on such land or railroad. If any costs shall have 
been paid in the first instance out of the township treasury, the Town- 
ship Trustee shall take all such advancements for the repair of any 
such drain into consideration, including such sums advanced, together 
with interest at the rate of six per cent, per annum thereon, in such 
assessments and when collected he shall reimburse such township for 
funds advanced for the repair of such drain. And all moneys derived 
from assessments for any repairs contemplated by this act are hereby 
declared subject to deposit and such Township Trustees shall deposit 
all such funds in the depository or depositories of such townships 
selected by the proper board of finance and he shall likewise file with 
the secretary of such board of finance a verified statement of the 
funds so deposited. And such funds shall not be subject to with- 
drawal except to discharge the obligations incurred by the provisions 
of this act for the repair of such ditches and drains and only as the 
work progresses. And if any interest accrues on such fund it shall 
be added to and become a part of such fund. And such Trustee shall 
keep a true and correct account of all funds collected, advanced, ex- 
pended or disbursed in a book provided for that purpose, the account 
with each drain being kept separately. Subject otherwise to the provi- 
sions of this section, the assessment to create or replenish the emer- 
gency fund of any tile drain may be paid within thirty (30) days after 
the beginning of any repairs. 

334q. Credit for blind ditch. Where any person or persons shall 
have converted that portion of any ditch or drain running through 
his or their lands or parts thereof into a blind ditch by putting in 
drain tile of sufficient dimensions to serve the purpose of drainage, 
such drain tile so put in being continuous from the head or beginning 
of such ditch or drain through the land of the owner or owners, and 



117 Township Trustees. §334r 

thus obviating the necessity of working that part of such ditch so tiled 
on his or their lands, such tiling shall be taken into consideration in 
making assessments for repairs, and the assessments hereinafter pro- 
vided shall be made among the landowners, roads or railroads only- 
through whose lands such ditch or drain is open; and where assess- 
ments have been made to include land or lands through which such 
blind ditch or tiling forms a part of the open ditch, the owner or 
owners shall receive due credit for the portion so tiled. But such per- 
son or persons who shall have converted that portion of any such ditch 
or drain running through or across his or their lands or part thereof 
into a blind ditch by putting in suitable drain tile of sufficient dimen- 
sions to serve the purpose of drainage, shall be responsible for the re- 
placement of all tile which are found to be defective, or which have 
been crushed or broken, and for the removal of all obstacles or obstruc- 
tions which may have accumulated in such tile, and such only, which 
extend through or across the land or lands of such persons, and which 
are directly due to such crushed, broken or defective tile. But when 
the accumulations or obstructions shall be directly traceable to the 
negligence of other persons interested in such ditch or drain, or due to 
the natural and unavoidable accumulations of earth, leaves, debris, or 
other material, the expense of removing such obstructions or accumu- 
lations shall be charged to and paid out of the funds raised by pro- 
portional assessment as herein provided. 

334r. Adjoining townships — Joint powers. Whenever it may be nec- 
essary in cleaning or repairing any ditch or drain contemplated in 
this act lying on, along, across or near to the line between any two or 
more contiguous or adjacent townships, and when such drains or 
ditches can not be cleaned, repaired or improved in the best manner 
without affecting the lands in such contiguous or adjacent townships, 
the Township Trustees of the several townships in this State, so ad- 
joining other townships therein, shall have authority to join with the 
proper Trustees of such contiguous or adjacent townships in the repair 
or improvement of any such ditch or drain. Such Trustees of any such 
contiguous or adjacent townships are hereby authorized to proceed 
jointly in the repair or improvement of such ditch or drain, each to pay 
such proportion of the repair or improvement of any such ditch or 
drain as shall be just and equitable, and all the provisions of this 
act so far as applicable shall govern such Township Trustee in rela- 
tion to such joint work of improvement or repair. And any Township 
Trustee shall be authorized to proceed similarly if the ditch or drain 
which it is desired to clean out or repair lies on, along, across or near 
to the state line between the State of Indiana and any adjoining State: 
Provided, always, That such townships, counties or other political sub- 
divisions in other States shall pay their proper share of the necessary 
cost and expenses: Provided, That in all cases where the ditch or 
drain lies on, along, across or near to the line between any two or 
more contiguous or adjacent townships in this State, any one or 
more Trustees of such townships may delegate the authority conferred 
on them by this act to any one of their number, preferably to the Trus- 



§340 Township Trustees. 118 

tee of that township in which the greater portion of such ditch or drain 
is located, and he shall proceed in all cases as is provided in this act. 
Any Trustee who shall oversee and supervise the work of cleaning 
or repairing any such inter-township drain shall be entitled to receive 
from the township treasury of the adjoining township the sum of three 
dollars ($3.00) per day for each day or fraction thereof which he is 
necessarily employed in overseeing the work on such part of such inter- 
township drain which is situated within such adjoining township or 
townships. 

SECTIONS OMITTED. 

Note: Laws constituting Sections 33 5 to 3 3 9, inclusive, of 
this book, were repealed by the legislature of 1915, and for 
that reason are omitted. 

OBSTRUCTIONS, REMOVAL. 

(Acts 1907, p. 508, Sec. 6173.) 

340. Owners of lands liable for obstructions by cattle. That the 
owner of inclosed land through which any allotted ditch may run, 
shall be liable to the Trustee for any obstruction caused by cattle or 
stock, and upon notice from the Trustee, the owner of said land shall 
immediately remove such obstruction, and if not so removed, the 
Trustee shall have said ditch repaired, and may sue such owner in any 
court having jurisdiction, and collect all expenses incurred in making 
any such repair, provided such expenses shall include the reasonable 
attorney's fees. 

DITCHES — PUBLIC TILE — PETITION FOR REPAIRS. 

(Acts 1913, p. 152, Sec. 6174.) 

341. When Trustees may use road funds to repair tile ditches. Un- 
der the amended act 1913, provision is made for the repair of any 
tile ditch which has been constructed under any law of the State. 

The act provides that any owner who may have been assessed for 
such construction may petition the circuit or superior court, or the 
board of commissioners, alleging that such tile drain can be more eco- 
nomically repaired, or that the drainage is incomplete and can be 
made sufficient by conversion of the ditch into an open one, or in 
other ways. 

The act also provides that when such public tile drainage has 
become defective, by reason of broken tile, uncovered, displaced or 
stopped up, and the cost of such repair will not cost to exceed $50, 
then the Township Trustee of the township in which such defective 
condition exists, may repair the same out of the road funds available 
in his hands. 

341a. JOINT DITCHES — BY AGREEMENT. 

(Acts 1915, p. 563.) 
This act provides that in case of the failure of a person interested 
in a joint ditch, which has become obstructed, to repair his portion, 
any landowner damaged by such obstruction may report the facts to 



119 Township Trustees. §342 

the Trustee. The Trustee shall then notify the offending owner to re- 
pair his drain, and on his failure so to do, the Trustee, within ten days 
of such notice, shall proceed to make the necessary repairs, and certify 
the cost thereof to the county auditor, who shall add 50 per cent, pen- 
alty, and collect the same as any other taxes are collected. If any 
surplus exists after payment of the cost of the repair, it shall be added 
to the road fund for repair of free gravel roads. 

FENCES — TRIMMING HEDGE FENCE — PARTITION. 

(Acts 1895, p. 61, Sec. 7405.) 

342. Hedge fence — Annual trimming — Partition. The act of 1895, 
requires that all hedges or other live fences along the lines dividing 
lands owned by different persons in the State of Indiana, shall be cut 
and trimmed down to the height of not exceeding five feet and to a 
width of not exceeding three feet once in every calendar year. 

(Acts 1895, p. 61, Sec. 7406.) 

343. Duty of Trustee as to trimming partition line hedge fence. 

It shall be the duty of any Township Trustee, upon complaint in writ- 
ing, signed by the complainant, who must be an owner or owners of 
land adjoining said fence, that any person owning any hedge or other 
live fence upon a line dividing lands owned by different persons, has 
neglected to cut and trim said hedge or other live fence as heretofore 
provided, to examine within five days after receiving such notice all 
hedges or other live fences so complained of, and if there shall be any 
hedge or other live fence that has been complained of, that has not 
been cut and trimmed as heretofore provided, he shall give the owner 
or owners thereof written notice to cut and trim such hedge or other 
live fence and to remove the brush to his own land within thirty days 
after receiving such notice, such notice to be served by reading the same 
to said owner or owners, or by leaving a copy of the same at his usual 
place of residence: Provided, That if the owner or owners of lands 
divided by such hedge or other live fence be not residents of the town- 
ships, where such hedge or other live fence is located, such notice shall 
be served by mailing a copy of the same to said owner or owners di- 
rected to his or their last known postoffice, and if such owner or own- 
ers, their agents, or tenants, do not proceed to cut and trim such fences 
and remove the brush as heretofore provided, that such Trustee shall, 
immediately after the expiration of thirty days, cause said hedge or 
other live fence to be cut and trimmed, as hereofore provided, and the 
brush removed to the owner's land; such Trustee shall recover all ex- 
penses incurred in cutting and trimming such hedge or other live 
fence and removing the brush as before provided, by suit against the 
owner or owners of the lands on which such hedge or live fence is 
situated, before any justice of the peace of the township, in which 
such hedge or other live fence is situated, or they may bring suit in 
the circuit or superior court of the county in which such hedge or 
other live fence is situated, to collect such expenses and any judgment 
so recovered shall be without relief from valuation or appraisement 
laws. 



§344 TownshipJTrustees. 120 

(Acts 1895, p. 61, Sec. 7407.) 

344. When prosecuting attorney brings suit. It is hereby made 
the duty of tbe prosecuting attorney to prosecute such suit in the name 
of the State of Indiana on relation of such Township Trustee, for 
which service the prosecuting attorney shall receive the sum of ten 
dollars to be collected as part of the cost of such suit. 

(Acts 1895, p. 61, Sec. 7408.) 

345. When Trustee neglects — Penalty. Any Township Trustee, who 
shall fail or neglect to perform his duties as laid down in this act, upon 
complaint of any freeholder of said township, shall be fined not more 
than twenty-five dollars nor less than five dollars. 

HEDGE FENCE. 

(Acts 1 R. S. 1852, p. 307, Sec. 7806.) 

346. Petition to Trustee to plant hedge fence on highway. The 

Trustee of any township, on petition of an individual desiring to plant a 
hedge on his land adjoining a public highway, may grant such indi- 
vidual the privilege of placing his fence seven feet on such highway, 
provided it will not be an obstruction to such highway. 

FENCES — PARTITION FENCE DEFINED. 

(Acts 1911, p. 515, Sec. 7377.) 

347. Definition of a "partition fence." All fences now constructed 
and used by adjoining landowners as a partition fence or fences unless 
specially agreed upon by such landowners shall be deemed partition 
fences and shall be repaired, maintained and paid for as is herein pro- 
vided. 

(Section 7378.) 

348. Who shall build — When Trustee shall act. It shall be the 
duty of all landowners whose lands join and separate said land by a 
partition fence to be constructed upon the line or lines dividing or 
separating said lands whether said lands were divided heretofore or 
may hereafter be divided. In case no division of said partition fence 
has been made between the landowners for the building or repairing or 
rebuilding of such partition fence, then in such case the landowner, 
whose land lies to the east of said fence, shall build the north half 
thereof and the landowner whose land lies to the west of said fence, 
shall build the south half thereof and if the landowner's land lies north 
of the fence to be built, rebuilt or repaired he shall build, rebuild or 
repair the west half thereof, and if the land lies to the south of such 
fence, such landowner shall build the east half thereof. And if any 
landowner fails to build, rebuild or repair such fence after receiving 
notice as is hereinafter provided, the Township Trustees wherein said 
land or line is located, shall build, rebuild or repair such fence as is 
hereinafter provided. 



121 Township Trustees. §349 

(Acts 1915, p. 638, amending Sec. 7379.) 

349. How cost apportioned — Trustee's procedure. All partition 
fences shall be built, rebuilt, kept in repair at the cost of the several 
landowners whose lands are enclosed or separated by such fences equal- 
ly according to the number of rods or proportion thereof such land- 
owner may have along such line of fence whether his, her or their title 
in fee simple, or a life estate. That if any landowner as above de- 
fined, shall fail or refuse to compensate for building, rebuilding or 
repairing his, her or their proportion of fence, any landowner inter- 
ested in such fence after having built, rebuilt or repaired his pro- 
portion of such fence, shall give to the defaulting landowner, his 
agent, or tenant twenty days' notice to build, rebuild or repair his 
proportion of such fence as the case may be, and if such defaulting 
party shall fail to build, rebuild or repair such fence within said 
time, such landowner shall then notify the Township Trustee of the 
township wherein said lands are located of such fact: Provided, That 
where the fence sought to be established, rebuilt or repaired, is on a 
township line, in such case the owner or owners shall notify the Trustee 
of the adjoining township to the one in which the defaulting party 
lives of the improvement he or they may desire made, and such Trus- 
tee shall have jurisdiction of such matter, unless disqualified as here- 
inafter provided, estimate the costs for such fence, building, rebuild- 
ing or repairing the same, as the case may be, and within a reasonable 
time after being notified such Trustee shall make out a statement 
and notify such defaulting party of the probable cost of building, re- 
building or repairing such fence, as the case may be, and if after twenty 
days, said fence is not built, rebuilt or repaired by such defaulting 
landowners, such Trustee of such township shall build, rebuild or re- 
pair such fence as the case may be: Provided, That such Trustee shall 
use only the materials for such fences as is most commonly used by the 
farmers of such community: Provided, further, That if such Trus- 
tee of such township is disqualified to act, then it shall be lawful and 
it shall be the duty of the Trustee of the adjoining township, residing 
nearest to where such fence is situated to act in the premises upon re- 
ceiving a notice so to do by any landowner interested therein: Also, 
Provided further, That a lawful partition fence shall be a straight board 
and wire fence or a straight wire or a straight board fence or a picket 
fence four feet high, a straight rail fence four and one-half feet high, 
a worm rail fence five feet high and all fences of every structure to 
be sufficiently tight and strong to hold hogs, sheep, cattle, mules and 
horses: Provided further, That if a ditch or creek crosses the division 
land [line] between two landowners, necessitating additional expense 
in the maintenance of the part over such stream, if such landowners 
can not agree upon the proportionate share of each, the Township Trus- 
tee shall appoint three disinterested citizens who shall apportion the 
partition fence to be built by each landowner: Provided, further, 
That any Trustee related to any of the parties interested or if an in- 
terested party himself, then it shall be lawful for the Trustee of any 
other township residing nearest to where such fence is situated to act 



§350 Township Tktjstees. 122 

in the premises. Provided, further, That in all cases where a ditch, 
creek, forms, covers, or marks the dividing line or any part thereof 
of the lands of separate and different landowners of this State so that 
partition fences such as are required and provided for in this act 
can not be built and maintained on such dividing line, then and in all 
such cases such partition fences shall be built and maintained under 
the provisions of this act as near to such boundary line as may be, 
and each landowner shall be required on his own land to build a sep- 
arate partition fence, and to maintain the same at his own cost. Pro- 
vided further, That in all cases where partition fences such as are re- 
quired and proAdded for in this act, cross any ditch or creek and by 
reason thereof it is impracticable to construct or maintain that por- 
tion of said fence as would cross said ditch or creek, as a stationary 
fence, then and in all such cases there shall be erected in lieu of such 
portion of said fence across said ditch or creek, and as a part of such 
partition fence, flood-gates or other similar structures, sufficiently 
high, tight, and strong to turn hogs, sheep, cattle, mules and horses 
or other domestic animals, and so constructed as to swing up in times 
of high water. And such flood-gates or other similar structures shall 
be so built and constructed as to connect continuously such partition 
fences: and, Provided further, That if the building and maintenance 
of such flood-gate or other similar structure occasions additional ex- 
penses, and such landowners can not agree upon the character of 
flood-gate or other similar structure, or upon the proportionate share 
of the cost thereof to be borne by each, the Township Trustee upon no- 
tice in writing from either landowner of such disagreement and the 
nature thereof, shall appoint three disinterested citizens, of said town- 
ship, who shall determine the kind of structure and apportion the cost 
of such flood-gate or other structure between such landowners, taking 
into consideration the parts and portion of such fence being main- 
tained by each landowner. And the determination of a majority of 
such arbitrators of any matter or matters submitted to them shall be 
final and binding on each landowner. The compensation of such arbi- 
trators shall be two dollars each, which shall be paid by said land- 
owners in the proportion they are ordered to bear the expense of such 
gate or structure. In case either or both of such landowners shall 
fail to construct or compensate for constructing the structure deter- 
mined upon by such arbitrators in the proportion determined, within 
thirty days from such determination, such Township Trustee shall pro- 
ceed at once to construct such gate or structure and collect the cost 
thereof, including the compensation of such arbitrators, from such de- 
faulting landowner or landowners in the same manner as is provided 
for ordinary partition fences. And such flood-gate or other structure 
shall be repaired, rebuilt or replaced in accordance with the determina- 
tion of said arbitrators. 

(Section 7 380.) 

350. Trustee's duty upon completion — Per diem $3.00. As soon as 
such Trustee has had such fence built, rebuilt or repaired, he shall 



123 Township Teustees. §351 

make out a statement in duplicate of the actual cost incurred by him 
in the building, rebuilding or repairing of such fence, adding to such 
statement three dollars per day for every day actually employed by 
him in performing the service required herein, one to be handed to 
the landowner affected by the work and the other to be filed in the 
auditor's office of the county wherein said fence is located and where 
the landowner resides affected by said work and by said auditor placed 
on the tax duplicate against the lands of the landowner affected by 
said work, and to be collected as taxes are collected and when so col- 
lected to be paid to the Township Trustee filing said statement. The 
fees taxed by the Township Trustee shall be his sole property when 
collected. 

(Section 7381.) 

351. Trustee freed from any personal liability. There shall be no 
personal liability upon the Township Trustee for any contract he may 
make by reason of this, act for the building, rebuilding or repairing of 
fences as herein provided, but the contractor shall receive his pay from 
the township funds, the same to be reimbursed when said contract 
price is paid into the county treasury. 

(Section 7382.) 

352. Lands assessed at $5 or less per acre — Exemption. This act 
shall be liberally construed in favor of the objects and purposes for 
which it is enacted and shall apply to all lands whether enclosed or 
unenclosed, cultivated or uncultivated, wild or wood lot: Provided, 
That this section shall not apply to any land whose assessed value is 
five dollars or less per acre or exempt from taxation. 

CEMETERIES — ABANDONED. 

(Acts 1913, p. 290, Sec. 4438.) 

353. 1913 law — Trustee's duty concerning abandoned cemeteries. 

That any cemetery located in any township, or within any city or town 
within such township, which cemetery is abandoned, or has been or 
shall be hereafter deeded to such townships, and not under the control 
or management of any organization or association or individual whose 
duty it is to care for and maintain such cemetery, shall be under 
the care and supervision of the Township Trustee of such township. 

(Section 4438a.) 

354. Care and maintenance of cemeteries. It shall be the duty of 
the Township Trustee to care for and maintain in a respectable condi- 
tion, by fencing, when there is no fence, by keeping the weeds, briars 
and brush mowed and cleaned up in all public cemeteries located with- 
in his township, or within any city or town located within such town- 
ship, which are wholly or in part abandoned or unused and are not 
under the supervision of any association, organization or individual 
whose duty it is to so care for the premises. 



§354a Township Trustees. 124 

354a. DONATIONS FOR CEMETERY TRUST FUND. 

(Acts 1915, p. 581.) 

The act of 1915 relating to donations of not less than $100 to 
boards of county commissioners, or Trustees, for cemetery uses, which 
shall be cared for and loaned the same as common school funds, pro- 
vides under Sec. 4, as follows: 

The county auditor shall make distribution of the interest accrued 
on any cemetery fund or funds on the last Monday of January of each 
year and to the following person or persons: To the Township Trus- 
tees of the township in which any abandoned or unincorporated ceme- 
tery is located, provided that such cemetery be located on a county line 
or on a civil township line, then the Trustee whose township lies on 
the east or south of such cemetery shall have charge of the cemetery 
and shall receive the money from the county auditor having the fund 
or funds in trust: To the treasurer of any board of directors of any 
incorporated cemetery. 

The Township Trustee and the treasurer of said board of directors 
shall each take a receipt or voucher for any money paid out stating 
the amount paid out, the purpose for which expended and the fund 
from which it came. The receipts and vouchers shall be filed with 
county auditor on or before January 1st of each year and shall be pre- 
sented to the board of county commissioners for examination and ap- 
proval at their January meeting. 

ELECTIONS. 

(Acts 1897, p. 199, Sec. 6884.) 
355. Trustee inspector of elections in precinct where resides — When 
not eligible— Qualification of judges. Township Trustees shall, by 
virtue of their office, be inspectors of elections in the precincts in which 
they respectively reside, and shall, prior to the opening of the polls 
in such precincts, appoint as judges of elections two qualified electors 
of such precinct, who shall have been freeholders and resident house- 
holders therein for at least one year, or householders for at least two 
years next preceding such election, and who are members of different 
political parties and of the parties which cast the highest number of 
votes in the State at the preceding general election: Provided, If no 
persons that are qualified will consent to serve as such judges, or that 
if there are no persons residing in any precinct qualified to act as 
judges of election, by reason of the fact that they have not been resident 
householders within such precinct for one year, then in that case the 
Township Trustee shall appoint two qualified electors of such precinct 
as such judges: and, Provided further, That if at least one week or 
more prior to such election the chairman of the county central com- 
mittee of either of the two parties that cast the largest number of 
votes in the State at the last general election shall designate a mem- 
ber of such party as judge, having the same qualifications as above pre- 
scribed, he shall be appointed, and such judges, together with the in- 
spector, shall constitute a board of election. No person shall be eli- 



125 Township Tkustees. §356 

gible as a member of the "board of election who has anything of value 
bet or wagered on the result of such election, or is a candidate to be 
voted for at such election, or who is father, father-in-law, son, son-in- 
law, grandfather, grandson, brother, brother-in-law, uncle, nephew, 
first or second cousin of any candidate at such election. If at any time 
before, or during an election, it shall be made to appear to any inspec- 
tor, by the affidavit of two or more qualified electors of the precinct, 
that either of the judges is disqualified under the provisions of this 
act, he shall at once remove such judge and fill the place with a qual- 
ified person of the same political party as the judge removed; and, in 
case such disqualified judge shall have taken the oath of office here- 
inafter prescribed, the inspector shall place such oath and affidavit 
before the next grand jury of the county. 

ELECTIONS — MEALS FOR ELECTION OFFICERS. 

(Acts 1881, S. p. 482, Sec. 6952.) 

356. Trustee to furnish meals — How paid. It shall be the duty of 
the Township Trustees, in their respective townships, to cause the mem- 
bers of the election board in each township or precinct to be furnished 
with good, plain, and substantial meals, at the regular hours for meals, 
during the election day and until the count is finished, but no spiri- 
tuous, vinous, or fermented liquors shall be furnished. Such Trustees 
shall be allowed, and paid, by the county board the actual cost of such 
meals, in their next regular account. 

Note: Boards of county commissioners cannot allow a claim 
to a Trustee for meals which the Trustee himself has fur- 
nished. 

TALLY PAPERS. 

(Acts 1905, p. 193, Sec. 6966.) 

357. Must keep tally papers of township separate from others. The 

tally papers for township elections shall be kept separate and apart 
from those upon which are recorded the votes cast for candidate for 
state, district and county offices, and the vote for township offices shall 
be canvassed as heretofore provided by law: Provided, however, That 
in all townships having more than ten (10) voting precincts the vote 
thereof for township offices shall be canvassed by the county board of 
canvassers as herein provided for all county elections. 

TOWNSHIP ELECTIONS. 

(Acts 1893, p. 192, Sec. 6982.) 

358. Change in time of holding township election — November. 

The time of holding the election of Township Trustees, justices of the 
peace, assessors, constables, road supervisors and such other officers 
of townships as may be provided for by law, shall be changed from the 
April election, and all such township officers shall be elected at the 
general election to be held on the first Tuesday after the first Monday 
in November, 1894, and every four years thereafter, and which election 



§359 Township Teustees. 126 

shall be conducted by the provisions of the law governing said general 

election. 

Note: This law is superseded by Section 35 9, this book, as 
to the Township Trustee and assessor. This law is superseded 
by Section 297, this book, as to the election of road super- 
visors. Acts 1915, p. 101. 

ELECTION OF TOWNSHIP TRUSTEE. 

(Acts 1911, p. 113, Sec. 6983.) 

359. Extension of terms under act of 1911. The time for holding 
the election of Township Trustees and assessors shall be changed from 
the general election on the first Tuesday after the first Monday in 
November, 1912, to the general election on the first Tuesday after the 
first Monday in November, 1914; and at the general election on the 
first Tuesday after the first Monday in November of every fourth year 
thereafter. 

JUSTICES OF PEACE AND CONSTABLES. 

(Acts 1897, p. 64, Sec. 6984.) 

360. Time for holding election for justices of the peace and con- 
stables. The time of holding the election of justices of the peace, con- 
stables and such other officers of the township, as may be provided 
for by law, and the time when they shall enter upon the duties of their 
respective offices, shall remain as now fixed by law. See Section 358, 
this book. 

(Section 6985.) 

361. Township elections governed by general election law. The 
election of township officers shall be conducted under the provisions 
of the law governing said general election. 

(Section 6986.) 

362. Township ballots to be printed on yellow paper — Yellow bal- 
lot-boxes. The names of the different candidates for said township 
offices shall be printed on separate ballots of a yellow color and de- 
posited in separate ballot boxes from that of the state and county 
ballots; said ballot boxes shall be painted yellow and said ballot and 
ballot boxes shall be prepared in conformity with the law governing 
said general elections. 

(Acts 1881, S. p. 482, Sec. 6987.) 

363. Canvass of the vote-— Inspector's duties. The board of judges 
shall count the votes given for each person for each office, and certify 
the result, and the inspector shall file one of the poll books and tally 
sheets, with ballots on a string, in the clerk's office of the county, with- 
in ten days after such election. If two or more have the highest and 
an equal number of votes for the same office, such judges shall, when 
the result is certified, determine by lot the person entitled to the office, 
and the next day, the inspectors shall make out and deliver to the per- 
son elected, when demanded, a certificate for each person elected to 



127 Township Trustees. §364 

any office in said township, except justice of the peace: Provided, 
That, if there be more than one precinct in said township, then the 
inspectors of the several precincts shall meet, on the day following the 
election, at the office of the Township Trustee, at as near ten o'clock 
a. m. as is practicable, and compare the poll books and certificates 
thereto held by them, and having aggregated the vote of the town- 
ship, declare and certify the result; and if two or more persons have 
the highest and an equal number of votes for the same office, they shall 
determine, by lot, which shall be declared elected, and give a certificate 
accordingly. 

ELECTIONS — TERM OF TRUSTEES. 

(Acts 1901, p. 415, Sec. 6989.) 

364. When term of Trustee begins. The terms of all Township 
Trustees and assessors shall begin on the first day of January succeed- 
ing their elections. 

364a. PRIMARY ELECTIONS. 

(Acts 1915, p. 359.) 
The primary election act of 1915 requires the trustee to post in 
three public places in each precinct of his township, copies of the 
notice of the holding of such election, which notice the law provides 
shall be mailed to the Trustee by the clerk of the circuit court, desig- 
nating in such notices the location of the polling booth in each precinct, 
the date of the primary and the hours during which polls will be 
open. 

FLOOD-GATES, PETITION, CONSTRUCTION, COST. 

(Acts 1903, p. 121, Sec. 6169.) 

365. Jurisdiction and duty of Trustee to construct. Whenever the 
lands drained by a ditch, which has its outlet in a stream or water- 
course, is so situated that the water from such stream or watercourse 
in high water will back up and through such ditch, and overflow such 
lands drained thereby before such stream or watercourse overflows its 
banks, it shall be the duty of the Township Trustee in any township 
where such ditches and watercourses and streams exist, upon the peti- 
tion of a majority of the persons owning lands benefited by said ditch, 
to build suitable and sufficient flood-gates at the outlet of such ditch or 
near enough thereto to prevent the water from said stream or water- 
course flowing into said ditch and from said ditch to the low lands 
lying along the line thereof before the said stream or watercourse over- 
flows its banks: Provided, That cost thereof shall not exceed five 
per cent, of the assessed value of the property benefited. 

(Acts 1903, p. 121, Sec. 6170.) 

366. Remonstrance — Hearing by the Trustee. Upon the filing of 
such petition with the Trustee of such township, such Trustee shall 
cause to be posted in three conspicuous places in said township notices 
of the filing of such petition, and such notices shall state the time and 



§367 Township Trustees. 128 

place of the hearing of said petition, which notices shall be posted not 
less than ten days before the time of hearing, and upon the day- 
set for the hearing he shall consider any remonstrance that may be 
filed, and shall determine whether such flood-gate shall be constructed. 
In case he shall determine that it is of benefit to the owners of the 
lands along the line of such ditch, he shall order the flood-gate to be 
constructed upon such plans as shall in his opinion be sufficient for 
the purpose. 

(Acts 1903, p. 121, Sec. 6171.) 

367. Trustee's further duties — Superintendent — Assessments. Such 
flood-gates shall be constructed under the supervision of said Township 
Trustee, and the cost thereof shall be assessed against the owners of 
the lands benefited by such ditch, and such land shall be assessed for 
the cost of the construction thereof in proportion to the actual bene- 
fits to the lands affected thereby. Such assessments shall be certified 
by said Trustee to the county auditor, who shall certify them to the 
treasurer of such county, and such treasurer shall proceed to collect 
the same as taxes are collected. 

(Acts 1903, p. 121, Sec. 6172.) 

368. Right of appeal to circuit court — Remonstrance. Any person 
aggrieved by the action of the Trustee in regard to the establishing of 
such floodgate, or refusing to establish the same, or by the assessment 
of the cost thereof, may remonstrate and appeal from the decision of 
such Trustee to the circuit court, and proceedings in regard to the same 
shall be controlled by the law regulating remonstrances and appeals in 
the law provided for the establishment of ditches. 

RATS — EXTERMINATION. 

(Acts 1913, p. 638, Sec. 7648J.) 

369. Rats — Extermination — Teaching hygiene in schools. It shall 
be unlawful for any person, firm, copartnership, company or cor- 
poration owning, leasing, occupying, possessing or having charge of 
any land, place, building, structure, stacks or quantities of wood, hay, 
corn, wheat or other grains or materials, or any vessel or water craft, 
to permit the same to become rat infested, and it shall be the duty of 
any such person, firm, copartnership, company, or corporation, upon 
any knowledge or notice, to at once proceed and to continue in good 
faith to endeavor to exterminate and destroy such rats by poisoning, 
trapping and other appropriate means, such as may be suggested by 
the state board of health or the local health officers. And it shall be 
the duty of the Trustees of the several townships and the boards of 
School Trustees of the several cities and towns in the State, to make 
provisions in the public schools under their jurisdiction for the illus- 
trative teaching of the anatomy, physiology and hygiene of the human 
system; the effect of acohol and nicotine; the cause and course of con- 
sumption; the dissemination of diseases by rats, flies and mosquitoes 
and the effects thereof, and the prevention of diseases by the proper 
selection and consumption of food. 



129 Township Trustees. §370 

FISH LADDERS. 

(Acts 1885, p. 51, Sec. 7442.) 

370. Law as to requirement of flsh ladders — Mill dams. Under act 
1885, it is required that all owners of mill dams over four feet in 
height shall construct and maintain fish ladders to allow fish below 
the dam to pass over into the waters above. 

(Section 7443.) 

371. When Trustee shall erect fish ladders. If the owners of such 
dam fail or refuse to comply with this requirement, it devolves upon 
the Township Trustee to construct and erect such ladder, in such man- 
ner and of such material as shall be directed by the commissioner of 
fish and game. 

Likewise, if any such fish ladder shall get out of repair, and 
such owner shall fail to repair same for 30 days, it becomes the duty 
of the Trustee to cause such repairs to be made, and collect the cost 
thereof from such owners. 

CANADA THISTLES. 

(Acts 1907, p. 50, Sec. 7812.) 

372. Duty of Trustee upon written notice of supervisor. Upon in- 
formation being given the road supervisor that Canada thistles to 
height of six inches are being allowed to grow upon the premises of 
any owner within his road district, it becomes his duty to enter upon 
the premises of such owner, and it being ascertained that such infor- 
mation is true, the road supervisor shall notify such owner, his agent 
or tenant, demanding that all of such Canada thistles be cut off below 
the surface of the ground, within five days. If at the end of such time 
such thistles have not been removed such supervisor shall report the 
matter, in writing, to his Township Trustee. 

It then becomes the duty of the Trustee, immediately upon receipt 
of the report of the road supervisor, to cause the reported thistles to 
be cut as herein provided; and shall assign this work and their removal 
to such road supervisor. 

Should the supervisor decline to do such work, the Trustee shall 
employ one resident of the township to perform such cutting and re- 
moval, and he may enter such lands for such purpose and shall not 
be deemed a trespasser. 

The Trustee, with the advice of the advisory board, shall pay for 
such work. When allowed it becomes the duty of the Trustee to file 
a claim therefor with the county auditor, who places such sum on the 
tax duplicate where it becomes a lien on the land as other taxes. 

The compensation for the person selected to do such work is fixed 
by the statute at 20 cents per hour for the time actually employed. He 
must file with the Trustee his itemized claim for such work. 



9—4843 



§373 Township Trustees. 130 

STATE FIRE MARSHAL. 

(Acts 1913, p. 556, Sec. 7441d.) 

373. Trustees act as assistant fire marshal. The act 1913, es- 
tablishing the office of state fire marshal, providing for the maintenance 
of his offices and defining his powers, provides, among other things, 
viz. : 

All municipal fire marshals in those municipalities having such 
officers, and, where no such officer exists, the chief of the fire depart- 
ment of every incorporated city or town in which a fire department 
is established, the clerk of each incorporated town in which no fire 
department exists, and the Township Trustee of each township for 
the territory of said township lying outside of the corporate limits of 
any city or town, shall be, by virtue of said office so held by them, 
assistants to the state fire marshal and subject to the duties and obli- 
gations imposed by this act, and shall be subject to the directions of 
the state fire marshal in the execution of the provision hereof. Im- 
mediately upon taking office, the state fire marshal shall prepare in- 
structions to the assistants designated herein and forms for their use 
in the reports required by this act and cause them to be printed and 
sent, together with a copy of this act, to each such officer located in 
this State. 

(Section 7441e.) 

374. Duties of Trustee as assistant fire marshal — Report of fires. 
The assistants to the state fire marshal as defined in the preceding 
section shall investigate the cause, origin and circumstances of every 
fire occurring in any city or town or territory in any township lying 
outside the corporate limits of any city or town in this State, by which 
property has been destroyed or damaged, and, so far as it is possible, 
determine whether the fire was the result of carelessness or design. 
Such investigation shall be begun immediately upon the occurrence 
of such fire by the assistant in whose territory such fire has occurred, 
and if it appears to the officer making such investigation that such fire 
is of suspicious origin, the state fire marshal shall be immediately 
notified of such fact. Every fire occurring in this State shall be re- 
ported in writing to the state fire marshal within ten days after the 
occurrence of the same by the officer designated in section 4 of this 
act in whose jurisdiction such fire has occurred; such report shall be 
in the form prescribed by the state fire marshal and shall contain a 
statement of all facts relating to the cause and origin of such fire 
that can be ascertained, the extent of damage thereof and the insurance 
upon such property, and such other information as may be required. 



INDEX. 



TOWNSHIP TRUSTEES. 

A 

Abandonment- — Section 

Of school district 233 

Temporary discontinuance 235 

Accounting — 

By trustee — Forms prepared by state board of accounts 107 

By trustee to successor in office 21 

Accounts — 

Of trustee — Correction 98 

Acknowledgment — 

Failure to acknowledge bond 14 

Of official bond 14 

Action — 

Against township — Service of process 105 

By and against township 8 

By trustee, for failure to pay or work on highway 303 

For expense of cutting and trimming hedge fence 344 

For negligent injury to tools by road supervisor 325 

To recover penalty for failure of supervisor to keep roads in 

repair 318 

Advertising — 

Form of 108 

Rates 108 

Advisory Board — 

Adjournment from day to day 50 

Administration of oaths 69 

Annual levy of taxes 77 

Appropriations for estimated expenditures — Itemized state- 
ment by trustee 73 

Board to purchase materials for highways and employ expert 

superintendents 296 

Certification of tax rate to county auditor 50 

Chairman and secretary of 50 

Contract for convict labor on roads 296 

Duty to consider and pass on trustee's report. . . . 6 9 

Election of — Time of 50 

Emergency for expenditure of sums not included in estimates 

and levy 7 7 

Examination of trustee's report 69 

Issual of funding bonds 106 

(131) 



132 Township Trustees. 

Advisory Board (Continued) — Section 

Legal action of 50a 

Levy of library tax 113, 114, 118, 119, 120 

Of tax for township funds 50a 

Meetings — Right of taxpayer to attend 75 

Meetings of 50 

Must attend sale of township bonds 77 

Notice of annual meeting — Cost of publication 74 

Number of members 50 

Ordering issuance of bonds for joint graded schoolhouse . . . . 292 

Place of meeting — Quorum 50 

Power to require itemized estimate by trustee 73 

Powers and duties .. . 50 

Present when trustee opens bids 62 

Providing place for entertainment and for teaching agricul- 
ture and domestic science 259 

Rate of taxation 50 

Record of action on trustee's report 69 

Of proceedings 50 

Recovery of unauthorized payments 77 

Rejection of bids 62 

Special meetings 77 

Tax levy for enlargement of library 117, 118, 119 

For soldiers' monument 127 

Term of office 49 

Township advisory board the board of finance 86 

Expenditures 50 

Trustee must attend meetings of 73 

Vacancies, how filled 50 

Affidavits — 

Non-collusion affidavit 66 

Agricultural School — 

Establishment by township 259 

Issual of bonds for " 260 

Anatomy- — 

Teaching in public schools 369 

Annexed Term tor y — 

Liability of city or town for debts 245, 245a 

Schoolhouse in 244 

Annual Meeting — 

Of advisory board — Notice 74 

Anticipation — 

Of local tuition revenue 80 

Appeal — 

By aggrieved poor person to county commissioners 172 

By trustee to whose township pauper has been sent 176 

From action of trustee in establishing or refusing to establish 

flood-gates 368 



Township Tkustees. 133 

Appeal (Continued) — Section 

Appraisers to justice of the peace 308 

Assessment for repair to drains 334n 

Decision of trustee 27 

Refusal to transfer pupil 219 

Trustee to county superintendent as to location of high 

school . , 273 

Of suspended pupil to trustee 243 

Proceedings on appeal from assessment for repair to drains. . 334n 

Apportionment — 

Of school revenue 22 

Taxes by auditor 239 

Appraisal — 

Notice of time and place of meeting of appraisers 308 

Of school property on dissolution of board of trustees of in- 
corporated town 236 

Of value of property confiscated and used on highway 308 

On taking over school property by incorporated town 236 

Appropriations — 

By advisory board — Itemized statement by trustee of esti- 
mated expenditures 73 

For support of library 113 

Approval — 

Of trustee's bond 12 

Arbitrators — 

As to flood-gates — Compensation 349 

Disagreement of landowners as to construction of flood-gates 349 
Assessments — 

Against railroads for repair to drains 334o 

Appeal from assessment for repairs to drains 334n 

For cleaning drains — Record of 3341 

For cleaning and repairing drains 334e 

For repair to drains, collected by trustee 334p 

Hearing objections to special assessments for repair of 

drains 3341, 334m 

Of cost of construction of flood-gates by township trustee. ... 367 

Omission of assessments for repairs to drains 334n 

On lands benefited by tile drains 334i, 334j 

Power to change assessment for repairs to drain 334m 

Proceedings for collection of assessment for repairs to drains. 334p 

Special assessment for cleaning drains 334k 

Time of payment of assessment for repairs to drains. 334p 

Assessor — 

Collection of dog tax 130 

Failure of township assessor to collect dog tax or report de- 
linquent dog-owner 4 6 

Report of delinquent dog-owners 131 

When term of township assessor begins , ? . . . . 364 



134 Township Trustees. 

Asylum for Poor — Section 

Admission to 166 

Admittance of poor non-resident 174 

County asylum 157 

Removal of paupers to 182 

Attendance Officer — 

Furnishing postage and blanks to 212 

Trustee furnishing names of children 212 

Attorney — 

Employment to defend township 105 

Attorney's fees — 

For recovery of penalty for injury to drain or obstruction of 

highway 317 

For recovery of sums unlawfully paid 77 

Auditor — 

See county auditor 71 

Of county fixes and approves bond of trustee. 10 

B 

Benevolent Institutions — 

Admission to 154, 155 

Removal of pupils 154 

Bequests — 

Acceptance by township library board 121 

Bids — 

Consideration and rejection of 62 

For cleaning and repairing drains 334d 

For improvement of highways and bridges 51 

For repairs to schoolhouses 56 

Indorsement by trustee as rejected or accepted 62 

Non-collusion affidavit and bond 66 

Open meeting for reception of bids 63 

Presentation of 62 

Receiving and opening 62 

Time and place of receiving 60 

Time of awarding bids for cleaning or repairing of drains. . .334d 

Time of submission of ; 63 

Blind Institute — 

Admission or removal of pupils 154 

Board of control — 

Joint high school 276 

Board of education — 

See county board of education. 

Board of finance — 

Consists of township advisory board 86 

Selection of depositories 90 

Special meetings 90 

Time of designating depositories 90 



Township Trustees. 135 

Board of health — Section 

See State board of health. 
Trustee to keep supply of application blanks, furnished by 

board of health 185 

Board of school trustees — 

In incorporated towns — Dissolution of — Conveyance of prop- 
erty 236 

Boards — 

See county commissioners. 

Advisory board — Term of office 49 

Bond — 

Acknowledgment of 14 

Amount and conditions of trustees bond 10a 

Anticipating revenue — Interest . 199 

Executed by surety companies 15 

Failure of trustee to give 13 

Piled with county auditor 11, 12 

For agricultural and domestic science school 260 

For erection and maintenance of joint graded school 292 

Indorsement of approval 12 

Interest on bonds for joint graded schoolhouse 292 

Issual of funding bonds 106 

Issue of school bonds in anticipation of revenue 198 

Of contractor 66 

Of petitioners for transfer of property from civil to school 

township 142a 

Of road supervisor 297 

On appeal from appraisers to justice of the peace 308 

Record of 199 

Surety on official bond — Premium 10a 

Bonds, township — 

Advertising sale of 77 

Township advisory board must attend sale of 77 

Bond of trustee- 
Approval by county auditor 10 

Books — 

See records. 

Examination of trustee's books by state board of accounts. . . 103 

Official record of township offices open to inspection of county 

superintendent 151 

Borrowing — 

Authority of trustee to borrow money 78 

Boundaries — 

Of townships 5, 6 

Record of 6 

Boundary line — 

Work on road located on 326 

Boundary line fence- 
See partition fences. 



136 Township Tkustees. 

Bridges — Section 

Aid by township in construction of 331 

Building or repairing by township 332 

Contracts for repair 51 

Cost of repairs 295 

Erection and repair of, by township 311 

Liability for work or materials furnished bridge, or for per- 
sonal injuries 331 

Materials for 54 

Over drains — Construction of 311a 

Payment for erection or repair out of township road fund — 

$100-law 58 

Penalty for injury to or obstruction of 317 

Repairs — Letting work to lowest responsible bidder 316 

Buildings — 

Conveyance by civil to school township 142a 

For agriculture and domestic science — Bonds for 260 

For agriculture and domestic science instruction— Equipment 261 

Providing school and other public buildings with fire escapes. 32 

Tendering use of, for school purposes, without charge 283 

Buildings, public — 

Contracts for — Withholding full payment 122 

Burial — 

Allowance to trustee for burial of soldiers 126 

Of deceased poor 180 

Of ex-union soldiers and their widows . . 125 

Of honorably discharged soldier, sailor or marine and their 

wives and widows 125 

Of poor persons 157 

Records of burials of soldiers and their wives and widows. . . 12 6 

Report by trustee to county commissioners 126 

Business — 

Notice of time of transacting official business 23 

c 

Canadian thistles — 

Duty to cut 372 

Cash book — 

Duty to keep 85 

Public record 85 

Cemeteries — 

Care and maintenance by township trustee. 354 

Donation for cemetery fund 354a 

Duty of township trustee as to abandoned cemeteries 353 

Loan of cemetery fund 354a 

Located on boundary line of county or township 354a 

Certificate — 

Deficiency in school tuition fund 206 



Township Trustees. 137 

Charity organization — Section 
Co-operation of township trustee 167 

Checks — 

On depository — How signed 92, 94a, 94b 

Children — 

See Poor Children. 

Transfer of pupils 215 

City- 
Annexation of territory containing schoolhouse — Liability for 

debts 245, 245a 

Annexed territory containing schoolhouse 244 

Joint high school with township 274 

Statement of cost of maintenance of joint high school 277 

Civil township — 

See township trustee. 
See trustee. 

Conveyance to school township 142a 

Trustee of 9 

Claims— 

For fowls killed by 133 

For sheep or other animals killed by dogs 133 

Presenting or receiving payment of false claim 45 

Clerk — 

To trustee — Compensation 73 

Compensation — 

For removal of obstructions from highway 309 

Of trustee for overseeing work of cleaning and repairing 

drains 334r 

Compulsory education — 

In correctional schools 224 

Condemnation — 

Of gravel pits 330 

Confiscation — 

Of property for use on highway 308 

Consolidation — 

Of school districts 234 

Constables — 

Certificate of election 17 

Time of election 360 

Contractor — 

Bond and non-collusion affidavit 66 

Withholding full payment 122 

Contracts — 

Awarding contracts for cleaning and repairing drains 334e 

By and with township 8 

Can embrace only one class of work 65 

For public buildings 122 



138 Township Trustees. 

Contracts (Continued) — Section 

Work — When void 63, 64 

Notice of letting — Posting notices 60 

On accepted bid 65 

Relating to school lands — Power of trustee 144 

Unlawful interest of trustee in public contracts 38 

Conveyance — 

By civil township to school township 142a 

By trustee to town or city — Annexed territory 244 

Convicts — 

Working on highways 296 

Correctional schools — 

Compulsory education in 224 

Transfer of pupils to — Certificate of transfer 224 

Cost — 

Apportionment of cost of building partition fence 349 

Certifying cost of repair to drain 334j 

In action for animals killed by dogs 133 

In proceeding to obtain site for schoolhouse 247 

Of appeal from assessment for repair to drains 334n 

Of collection of assessment for repairs to drains 334p 

Of removing obstructions from drains 334g 

Of suit by trustee for injury to drain, dam, or bridge, or ob- 
struction of highway 318 

Of transfer of property from civil to school township 142a 

County asylum — 

Removal of paupers to 182 

County auditor — 

Duty to examine trustee's report 71 

Keep account as to poor persons . 183 

Keep debits and credits with each civil township 183 

Take notice of surplus tuition fund 7 9 

Piling bond with 11 

Fixes and approves bond of trustee 10 

Notice to township trustee of change, vacation, or establish- 
ment of new road 294 

Report to advisory board on examination of trustee's report. 71 
County commissioners of aid furnished poor 183 

Comnty attendance officer — 

Elected by county board of education 153 

County board of education — 

Care and management of township libraries 112 

Change in text books 152 

Duties of 152 

Elects county attendance officer 153 

Makes rules for township libraries 152 

Meetings of 152 

Quorum of 152 

Who compose 152 



Township Trustees. 139 

County Commissioners — Section 

Laying off townships, boundaries 5 

Order abolishing township library 115 

County seat — 

Removal — Court house and jail bonds 124 

Expense 124 

Levy of "court house and jail tax" 123 

County superintendents — 

Appeals to and from decisions of trustee — Decision final. ... 27 

Extension of term 149 

How elected 148, 149 

Order for removal and relocation of schoolhouse — Prerequi- 
sites 230, 231 

Qualifications 150 

Right to inspect official record and dockets of township offices 151 

Suit to recover school moneys 151 

Time and place of election 148, 149 

Vacancy — How filled 150 

When to take enumeration 213 

Court house and jail bonds — 

Rate of interest . 124 

Sold for not less than par 124 

Culverts — 

Erection and repair of, by township 311 

Materials for 54 

D 

Damages — 

Assessments of damages for confiscated property used on 

highways , 308 

For negligence of contractor in cleaning or repairing drains. 3 3 4e 
Payment of damages for confiscated property used on high- 
way 308 

To land resulting from drain 334k 

To schoolhouse or furniture while occupied as meeting place. 254 

Deaf and dumb institute — 

Admission or removal of pupils 154 

Death — 

Of trustee — Delivery of books, etc., to successor 18 

Debt — 

See indebtedness. 
Decision — 

Appeal from decision of trustee 27 

Deficiency — 

In tuition, for school purposes 206 

Dependent children — 

Education of 223 



140 Township Trustees. 

Depository — Section 

Bond of 88 

Bonds or securities 91 

Character of security required 89 

Checks on — How signed 92 

Location of 93 

Loss of deposit 95 

Moneys to be deposited with 334p 

Monthly statements by 92 

Number of 93 

Qualification of 88 

Rate of interest to be paid by 91 

Selection of by board of finance 90 

Value and validity of security offered 89 

Withdrawal of funds deposited 334p 

Deposits — 

Amount in one depository 93 

Application of interest arising from 91 

Failure of trustee to make 94b 

Loss of 95 

Of public moneys 86 

Time of making 94a 

Verified statement of trustee as to funds deposited 87 

Directors — 

See school directors. 

Diseases — 

Causes and prevention of, taught in public schools 369 

Prevention of contagious and infectious diseases 188 

Disinfecting — 

Schoolhouses 189 

Dissolution — 

Of board of trustees in incorporated towns — Conveyance of 

property to township. 23 6, 237 

Ditches — 

Drainage, see. 

Dividing — 

Townships 5 

Dog fund — 

County fund 134 

Five per cent, of surplus goes to hydrophobia fund 135 

Report by trustee to county auditor 134 

Surplus goes to school fund 134 

Township fund — Surplus over $100 134 

Dogs- 
Claims for fowls killed by 133 

Claims for sheep or other animals killed by dogs 133 

Collection of dog tax and report of delinquent owners 4 6 

Costs in action for damages for animals killed 133 



TownshipJTrustees. 141 

Dogs (Continued) — Section 

False statement to assessor by owner of dogs 47 

Penalty for false claim for damages 133 

Registry of losses of animals killed by dogs 134 

Time of filing claim for damages 133 

Dog tax — 

Acquiring dog after report of township assessor 131 

How collected and to whom paid 130 

Purpose of fund derived from 132 

Domestic science school — 

Establishment by township 259 

Issual of bonds for . 260 

Donations — 

Acceptance by township library board 121 

Drains — 

Allotting portions of drains to persons whose lands are as- 
sessed for repairs or cleaning of drains 344e 

Assessments for cleaning and repairing drains 334e 

Repair to drains, collected by trustee 334p 

Assessment of railroads for repair to drains 334o 

Lands benefited by repairs to tile drains 334i, 334j 

Awarding contracts for cleaning and repairing drains 334e 

Causing damage to land 334k 

Certifying cost of repair to drain 334 j 

Cleaning and repairing drains 334a 

Affecting lands in adjoining township 334r 

Bond of contractor 334e 

By township trustee 334b 

Liability of contractor on bond 334e 

Township trustee to oversee work 334f 

Cleaning drains — By whom 334k 

Cleaning ditches — Advertising for bids 334d 

Compensation of surveyor employed by trustee 334c 

Construction of bridges over 311a 

Contracts for cleaning and repairing drains 334e 

Cost of removing obstructions from drains 334g, 334h 

Repairing joint drain 341a 

Credit for blind ditch 334q 

Dividing ditches into groups for purpose of cleaning and re- 
pairing 334b 

Duty of township trustee to remove shrubbery, trees and 

weeds from banks of open drains 334h 

Emergency fund for repairs 334j 

Levy for emergency repair fund 334k 

Marks or monuments at place of beginning and ending of 

limits of allotments 334e 

Notice to repair joint drain 341a 

Obstruction of drains by cattle — Liability of owner of cattle. 34 
Omission of assessments for repairs to drain 334m 



142 Township Trustees. 

Drains (Continued) — Section 

Penalty for failure of trustee to have cleaning and repair 

work on drains done in accordance with the statute. ... .334f 

Injury to 3 17 

Posting notices of time and place of letting contract for clean- 
ing and repairing drains 334d 

Power to change assessment for repairs to drains 334m 

Preference in letting contracts for cleaning and repair of 

drains 334e 

Proceedings for collection of assessments for repair to 

drains 334p 

Remonstrance to petition for flood-gates 336 

Removing obstructions from drain 334g, 334h 

Repairs — Employment of surveyor by township trustee 334c 

Joint drain by trustee 341a 

Tile drains by trustee. 334i, 341 

Special assessment for cleaning drains 334k 

Time of completing preliminary work 334c 

Completion of work of cleaning or repairing drains 334e 

Township act of 1915 334a 

Township liable for benefits arising from ditch 333 

Township trustee has supervision of drains 334a 

Use of road funds to repair tile drains 341 

When ditches shall be cleaned and repaired 334b 

When duty of township to construct flood-gates 365 

E 

Elections — 

See primary elections. 

As to sale of school lands 145, 147 

Canvass of votes for township officers 363 

Certificates of 16 

Constable 17 

Change in time of holding township elections 358 

Duty of inspector at township election. 363 

Election board 297 

Form of ballot, as to joint graded school 290 

For road supervisors, ballots 297 

Judges and their qualifications 355 

Keeping separate tally papers for township elections 357 

Meals for election officers 356 

Of advisory board 50 

Of road supervisors 297 

Of school directors . . , 240 

Opening polls 355 

Payment for meals for election officers 356 

Penalty for perpetrating fraud at 40, 41, 42, 43, 44 

Procedure when more than one precinct in township. ....... 363 

Removal of judges of elections 355 



Township Trustees. 143 

Elections (Continued) — Section 

Road supervisors — Time of closing polls 297 

Separate ballot boxes for township ballots 362 

Submission of question of joint graded school — Mode of 

election 289 

To determine as to public aid to railroad 137, 138 

Township ballots printed on yellow paper 362 

Township elections governed by general law. . 3 61 

Township trustee inspector of . 355 

Vote on question of township library 120 

Eligibility — 

To office of trustee 7 

Embezzlement — 

Diversion or misuse of funds by trustee 34 

Failure of trustee to account for and turn over money and 

school books 205 

To account to or pay over money to his successor 3 3 

Failure to account and pay over money 4 8 

Make deposit or drawing illegal check 94b 

Emergency fund — 

Duty of trustee to establish for repair of roads 320 

Eminent domain — 

Condemnation of gravel pits 330 

Obtaining site for schoolhouse. 24 6 

Enumeration — 

Compensation for taking 128, 213 

Employment of person to take 213 

Filing with county superintendent 214 

How and when made 128 

List to county auditor 128 

Made by county superintendent on failure of township trustee 213 

Oath of enumerator 210 

Of school children 210 

Penalty for failure to perform duty 128 

Removal of assistant enumerators 128 

Return by trustee under oath 128 

To be taken by trustee or by assistants 128 

When may be taken 214 

Enumerator — 

Compensation of 210 

Duties of 210, 211 

Power to administer oath or affirmation 211 

Examination — 

Special examination of teacher 268 

Exemption — 

From work on highways 301, 302 

Extortion — 

Receiving illegal fees 35 



144 Township Trustees. 

f 

Fees — Section 

Payable to trustee 30 

Penalty for receiving illegal fees 35 

Time of payment to trustee 30 

Fences- 
See hedge fences. 
See partition fences. 

Filing — 

Bond with county auditor 11 

Financial record — 

Duty of trustee to keep 26 

Fine — 

See penalties. 
Fire escapes — 

On school and other public buildings 32 

Fire marshal — 

See State Fire Marshal. 

Trustees act as assistant state fire marshals 373 

Fish — 

Duty to construct and maintain fish ladders 370 

Repair of fish ladders 370 

When duty of trustee to construct fish ladders 370 

Flag — 

School trustee to provide and display 192 

Penalty for mutilating United State? flag 193 

Flood-gates — 

Appeal from decision of trustee establishing or refusing to es- 
tablish flood-gates 368 

Apportionment of cost of construction 349 

As a part of partition fence 349 

Assessment against owners of land of cost of construction by 

trustee 367 

Construction by township trustee 349 

Cost of construction by township trustee to be collected by 

county treasurer as taxes 367 

Remonstrance to petition for 366 

When duty of township trustee to construct 365, 367 

Forfeiture — 

Failure of trustee to file copy of report and vouchers with 

county auditor 70 

Of right to work on roads 315 

Of wages for failure of teacher to attend institute 269 

Forms — 

For accounting, prescribed by the State Board of Accounts. . 107 



Township Trustees. 145 

Funds — Section 

Embezzlement of 33, 34 

Township indebtedness 106 

Trustee to establish an emergency road fund ". . 320 

Furniture- 
Purchase of school furniture by trustee 52 

Gates — v* 

See Flood-gates. 

Gifts- 
Acceptance by township library board 121 

Gravel pits — 

Condemnation of, by county commissioners 330 

Gravel road fund — 

Use of surplus 100,101 

H 

Hedge fences — 

Duty to trim annually 342 

On township line — When to be trimmed by township trustee 34 3 

Petition for planting hedge fence along highway 346 

Suit for expense of trimming and cutting 344 

High school — 

See township high school. 

Board of control of joint high school 27 6 

Contract of township or town with city as to accommodation 

in joint high school 276 

Establishment of township high school 271 

Joint high schools between township and city or incorporated 

town 274 

Joint township high schools 275a 

Supplemental act, as to establishment and maintenance of 

township high schools. 280 

High school district — 

Formation of 275 

Joint high school 274, 275 

Highways — 

See road districts. 

Abutting owners to cut and destroy weeds, briars, etc., on 

highway 29 7a 

Act 1913 repeals all laws in conflict therewith 329 

All road moneys to be paid to township trustee 322 

Benefits to, by construction of drain 311b 

Cash payment instead of work on 302 

Certificate of excess of work performed 307 

Change or vacation of 293 

Change, vacation, or establishing new highway, and jurisdic- 
tion of county commissioners 294 

10—4843 



146 Township Tkustees. 

Highways (Continued) — Section 

Compensation for removal of obstructions 309 

Condemnation of gravel pits 330 

Contracts for improvement and repair 51 

Convicts work on 296 

Definition of township road 328 

Duty of road supervisor to keep roads in repair 306 

Election of road supervisors — Number of 297 

Employment of additional labor — Compensation 306 

Persons to work on 302 

Exemption from work on 301 

Expenditure of emergency mail route fund 313 

Failure of abutting landowners to cut and destroy weeds, 

briars, etc 297a 

Filing receipts for road work with county treasurer 314 

Forfeiture of right to work on roads 315 

How work on district boundary line is to be performed. ... 326 
Improvements by donation by citizens — Contribution by town- 
ship trustee 320 

Levy of road tax — Time of 314 

Liability of resident for failure to pay or work on highway — 

Suit by trustee ;.... 303 

Notice to road supervisor of new road, or change in road. ... 294 

Opening new highway — Removal of timber 310 

Penalty for knowingly receiving inferior work 327 

Obstruction of 317 

Permission to work out $20.00 of road tax 314 

Persons exempt from work on . 298 

Persons required to work on 298 

Preference in repairs given to mail routes. 312, 320 

Purchase of materials and employment of expert superin- 
tendents 296 

Refusal of person called to work 306 

Removal of obstruction from 309 

Repairs — Letting work to lowest responsible bidder 316 

Road districts 297 

Road moneys to be paid to township trustee 322 

To be used only for road purposes 322 

Road supervisor, requiring work on 298 

Time of performing work on 298 

Township trustee to provide tools and implements for road 

districts 319 

Trustee to determine improvements to be made 320 

Use made of timber removed from new highway 310 

Work on, by substitute 304 

Faithful performance of labor 305 

Roads located on state line 326 

What constitutes a day's work 304 

With team 299 

Work under charge of supervisors 297' 



Township Trustees. 147 

Holidays — Section 
Half-holidays for public officers 24 

Hospitals — 

Admission of non-resident to county hospital 184 

Tuberculosis patients 184 

Establishment by county commissioners 184 

Investigation by trustee, of circumstances of patient 184 

Patient from another county — Compensation 184 

Hydrophobia fund — 

From surplus dog fund 135 

Surplus goes to school fund 135 

Hygiene — 

Teaching in public schools 369 

i 

Imprisonment — 

See penalties. 

Improvements — 

Letting contracts for 51 

Incorporated town — 

Annexation of territory containing schoolhouse — Liability for 

debts 245, 245a 

Joint high school with township 274 

Right of attendance at schools 238 

Tendering use of school building without charge 283 

When schools are controlled by township trustee 238 

Indebtedness — 

Can be created only by advisory board 77 

Funding township indebtedness 106 

Levy of special tax for indebtedness 84 

Liability for, on annexation of territory containing school- 
house 245, 245a 

Limitation of , 3 

Time of payment of township indebtedness 50 

Indianapolis schools — 

Transfer of pupils to — When tuition reduced 221 

Injuries, personal — 

Liability of township for 331 

Insane hospitals — 

Admission to 154 

Inspection — 

Correction of accounts of trustee 98 

Of books and accounts of trustee 96, 97 

Records and books of trustee 102 

Inspectors — 

Certificates of election 16 



148 Township Trustees. 

Institute — Section 

Adjournment of schools to permit teachers to attend institute 270 

Forfeiture of wages for failure to attend 269 

Requirement of attendance by teachers 269 

Interest — 

Accruing from deposit — Application of 91 

Credited monthly by depository 92 

On bonds for joint graded schoolhouse 292 

On funding bonds 106 

On money deposited 334p 

On school bonds 199 

Intoxicating liquors — 

Expenses of local option election 110 

License fees 109 

Return of license fee 109 

Intoxication — 

Of officer during business hours 37 

j 

Janitors — 

Trustee providing janitor help 191 

Joint Drain — 

Repair of 341a 

Joint graded schools — 

Care and management by trustees of municipal corporations. 285 

Control and management 291 

Cost of construction of schoolhouse 292 

Election — Form of ballot. 290 

Employment of teachers 291 

Establishment of 285 

Issuance of bonds by school corporations 292 

Township warrants for construction and maintenance of 

schoolhouse 292 

Levy of tax to meet cost of schoolhouse 292 

Ownership of property 291 

Submission of question to voters 289 

Title to property 285 

Joint high school — 

Apportionment of cost of maintenance 277 

Between township and city or corporated town 274 

Board of control 276 

Contract of township or town with school officers of city as to 

accommodations for pupils * 276 

Funds not to be diverted 278 

Statement by city of cost of maintenance 277 

Supplemental act, as to establishment and maintenance 280 

Withdrawal of township — Interest in property 279 



Township Trustees. 149 

Joint school district — Section 

Apportionment of expense of establishing joint district school 287 

Duty of trustee when funds are insufficient 288 

Expense of establishing 282 

How controlled 282 

Joint schoolhouse — 

Apportionment of expense of maintaining 284 

By two or more townships or counties 286 

Joint township high schools — 

When may be established 275a 

Justice of the peace — 

Payment of docket fees to trustee 30 

Quarterly settlements with trustee 31 

Supplies to be furnished by trustee 73 

Time of election 360 



L 

Lands — 

See school lands. 

Lease — 

Of school lands 14 3 

Levy of tax — 

For construction of sanitary school buildings 81 

For enlargement of library 117, 118, 119 

For payment of interest on funding bonds and for sinking 

fund 106 

To reimburse county for aid to poor 183 

Libraries — 

Joinder of township and city or town in support of 113 

Order of county commissioners abolishing township library. . 115 

Selling library card ,. '. 113 

Township donation libraries 117 

Libraries in charge of trustee Ill 

Trustee ex-omcio office of donation library 116 

Two or more townships uniting to maintain public library. . . 121 

Library Board — 

Township free library 121 

License fees — 

Sale of liquors 109 

Local Option — 

Auditor's statement of expense of election 110 

Expenses of election 110 



150 Township Trustees. 

M 

Machinery — Section 

For roads 54 

Mail routes — 

Emergency for repair of 320 

Expenditure of emergency fund 313 

Fund for repair of 312 

Preference given to, in repair of highways 312 

Marshal — 

See State fire marshal. 
Materials — 

For bridges and culverts 54 

Meals — 

For election officers — Payment for 356 

Medical aid — 

For poor persons . . . . 159 

Meetings — 

Holding in schoolhouse 251 

In schoolhouses — Charge for 253 

Free light, heat and janitor service 252 

Responsibility for damages to schoolhouse or furniture. . . . 254 

Special meeting of advisory board called by township trustee 

or chairman of board 77 

Money — 

Belonging to township 25, 26 

Monument — 

Appropriation for soldiers' monuments 127 

N 

Negligence— 

Of road supervisor, resulting in injury to tools 325 

Newspapers — 

Publication of notice in 104, 104a 

Non-resident — 

Liable to become public charge — Proceeding by trustee 175 

Removal when liable to become public charge 175 

Trustee furnishing transportation for 169 

Notice — 

By trustee of days set apart for official business 23 

Duty of road supervisor to give notice to hands 315 

Of annual meeting of advisory board — Cost of publication. . . 74 

Of appeal from appraisers to justice of the peace 308 

Of election of road supervisors 297 

Of filing of petition for transfer of property from civil to 

school township 14 2a 

Of filling vacancy of county superintendent 150 

Of hearing objections to special assessments for removal of 

obstructions to drains 334m 






Township Tkustees. 151 

Notice (Continued) — Section 

Of holding primary elections. 364a 

Of receiving bids for repair of highways and bridges 51 

Of sale of township property 142 

Of submission of question as to joint graded school 289 

Of time and place of meeting of appraisers of property con- 
fiscated and used on highway 308 

Of receiving bids 60 

Of transfer to orphans' home or other custodial institution. . . 22 3 

On failure to build partition fence 349 

Posting notices of letting contracts 60 

For cleaning and repairing ditches 334d 

Publication in newspapers 61, 104, 104a 

Statement of notice of annual meeting of advisory board. ... 74 
To township trustee, of change, vacation, or establishment of 

new highway , 294 

To trim hedge fence 343 

To trustee to produce books and papers for inspection 97 

Number — 

Of townships 5 

o 

Oath — 

Administered by member of advisory board 69 

Trustee 25, 67 

Power of trustee to administer 321, 334m 

School officers empowered to administer 200 

Objections — 

To special assessments for repair of drains 3341, 334m 

Obstructions — 

Compensation for removal of 309 

Cost of removing obstructions from drains 334g 

In highways — Removal 309 

Of drain by cattle — Liability of owner of cattle. 340 

Penalty for obstruction of highway. 317 

Office — 

Tenure of 4 

Township, where kept 2 

Officers — 

Certificates of election 16 

Half holidays 24 

Intoxication during business hours. ., 37 

Of donation library 116 

Orders — 

County superintendent's order of removal — Prerequisites... 231 

Orphans' home — 

Admission to 155 

Certificate of transfer. 223 

Transfer of pupils to 223 



152 Township Trustees. 

p 

Partition fences — Section 

Across stream or ditch — Flood-gates 349 

Apportionment of cost of flood-gate 349 

Building by township trustee — Apportionment of cost 349 

By whom built — When by township trustee 348 

Compensation of trustee for building 350 

For building placed on tax duplicate 350 

Construction by trustee — No personal liability 351 

Of flood-gates by township trustee , 349 

Definition — Maintenance and repair 347 

Duty of trustee upon completion of construction or repair of. 350 

Land to which statute does not apply , 352 

Material to be used and mode of construction 349 

Notice on failure to build . 349 

When drain or stream forms boundary 349 

When on township line 349 

Paupers — 

Number and names of in statement by trustee 73 

Removal to county asylum , 182 

Payments — 

By issual of school corporation warrants 278 

Recovery of unlawful payment from public funds 77 

Penalty — 

Failure of abutting land owners to cut and destroy weeds, 

briars, etc., on highway 297a 

Of enumerator to perform duty 128 

Of road supervisor to keep highway in repair. .., 318 

Of township trustee to have cleaning and repair work on 

drains done in accordance with the statute 334f, 334h 

Of trustee to account and pay over money. . .,.33, 48, 107, 205 
Of trustee to bring suit against persons failing to pay or 

work on highway 303 

Of trustee to make deposit 94b 

Of trustee to perform duty 36 

Of trustee to publish receipts and expenditures 72 

To collect dog tax or report delinquent dog owners 46 

To keep mail routes in proper repair 312 

To perform duty of trimming hedge fence 345 

To qualify and serve as trustee 19 

False statement of damages for stock killed by dogs 133 

To assessor by owner of dog , 47 

For embezzlement by trustee 34 

For injury to drain, or obstruction to highway or bridge. ... 317 

For issuing false receipt for work on highway 300 

For knowingly receiving inferior work on highway 327 

For mutilation of United States flag 193 

For neglect to clean schoolhouses 189 

For paying less than minimum wage 267 



Township Trustees. 153 

Penalty (Continued) — Section 

For unlawful removal of schoolhouse 232 

For violation of poor laws 170 

Intoxication of officer during business hours 37 

Neglect of duty of trustee 20 

Perpetrating fraud at election 40, 41, 42, 43, 44 

Presenting for payment a false or fraudulent claim 45 

Receiving illegal fees ; 35 

Receiving payment of false claim 45 

Refusal to pay just claim. ., 39 

Unlawful interest of trustee in public contracts 38 

Perjury — 

Of enumerator , 128 

Personal injuries — 

Liability of township for. 331 

Petition — 

For agricultural and domestic science school 259 

For construction of flood-gates 365 

For joint graded school , 289 

School district 281 

Schoolhouse, by two or more townships or counties 286 

Township high school , 275a 

For transfer of property from civil to school township 142a 

Physician — 

See school physician. 

Physiology — 

Teaching in the public schools 369 

Plans and specifications — 

For repair work on bridges 57 

For schoolhouses 55 

Poor asylum — 

See county asylum 157 

Admission to . ., 166 

Admittance of poor non-resident 174 

Removal of paupers to 182 

Poor children- 
Binding out 181 

Furnishing with school books 201 

Trustee's duty to 181 

Poor persons — 

Ability to labor 161 

Admission to asylum — Compelled to work 166 

Aid — Authority of county commissioners 163 

By township trustee in securing employment 167 

Amount of relief by trustee 165 

Appeal by aggrieved poor person to county commissioners. . . 172 

Burial by trustee 180 



154 Township JTrustees. 

Poor persons (Continued) — Section 

Burial of 157 

County asylum for 157 

Failure of trustee to furnish relief — Appeal to county com- 
missioners 17 2 

Investigation by trustee 160, 161 

Legal settlement in township 177 

What constitutes 158 

Limitation as to amount 163 

Prerequisites to granting relief by trustee. 166 

Relief over amount of $15.00 164 

Removal by judgment of justice of the peace 177 

Of non-resident liable to become public charge 175 

To county asylum 182 

Supplied with antitoxine by trustee 185 

Temporary aid 162 

Temporary relief to non-resident sick or person in distress . . . 

. .168, 180 

Township to reimburse county for aid furnished poor 183 

Township trustee overseer of 156 

Trustee to keep record of aid furnished 171 

Uncertainty as to legal residence 173 

Premium — 

Of surety company's bond, how paid 10a 

Primary elections — 

Notice of holding primary 364a 

Private schools — 

Report to trustee 249 

Use of schoolhouse for. 249 

Property — 

See township property 52 

Sale of township property 142 

Public aid — 

Limitation of, to railroads 139 

To railroad 136, 137 

Publication — 

See notice. 

Cost of publishing report of receipts and expenditures of 

trustee 72 

Of notice in daily or weekly newspaper .61, 104 

Of annual meeting of advisory board 74 

Of election as to joint graded school . 289 

Of letting contracts 60, 104 

Of petition to transfer property from civil to school town- 
ship 142a 

Of receipts and expenditures of trustee 72, 104 



Township Tkustees. 155 

Pupils — Section 

See school children. 

Admission to institute for the blind or the deaf and dumb. . . 154 

Appeal from refusal to transfer 219 

Of suspended pupil 243 

In incorporated town — Right of attendance 238 

Settlements for transfers 220 

Time of payment of tuition for transfer 218 

Transfer of 215 

To adjoining county — Release from special school tax. . . . 222 

To Indianapolis schools — When tuition reduced 221 

To schools of another state 216 

Transportation — How expenses to be paid 227 

Kind of conveyances 227 

To centralized school 226 

To school 226, 227 

Tuition for transferred pupils 217 

On transfer to orphans' home 225 

R 

Railroads — 

Assessment for repairs to drains 334o 

Limitation of public aid 139 

Procedure for public aid 137 

Public aid tax 138 

Public aid to 136 

Rats — 

Duty to exterminate. ., 369 

Record — 

Duty of trustee to keep financial record 26 

Kept by trustees • 22 

Of aid furnished to poor person 171 

Of boundaries and alterations of boundaries 6 

Of contract of employment of teacher 265 

Of official proceedings by trustee 25 

Of proceedings to sell school lands 146 

Of township offices open to inspection by county superintend- 
ent 151 

Redemption — 

Of road receipts 314a 

Reimbursement — 

By state of money paid by township, town or school city to 

vocational school 258 

Of county by township for aid furnished poor 183 

Remonstrance — 

To petition for flood-gates 366 



156 Township Teustees. 

Removal— Section 
Of trustee from township 18 

Repairs — 

Contracts for repair of highways and bridges 51 

Cost and responsibility for repairs on bridges 295 

Levy for emergency repair fund for drains 334k 

Of bridges and highways — Payment for work 316 

Of drains 334a, 334b 

Affecting lands in adjoining township 334r 

Of highways and bridges — Letting to lowest responsible bid- 
der 316 

Of schoolhouses \ . 56 

Of tile drains by trustee 341 

On bridges — Plans and specifications 57 

Petition for repairs to schoolhouse 241 

Preference given to mail routes 320 

Time of repairing and cleaning ditches 334b 

To fish ladders. . , 370 

Report — 

Annual report of trustee to advisory board 67 

By road supervisor to township trustee 323 

By trustee as to poor children bound out 181 

Of annual income from school lands 143 

Of county auditor of aid furnished poor . 183 

On examination of trustee's report 71 

Of road supervisor to be audited by township trustee 324 

Of trustee a public record 69 

As assistant state fire marshal 374 

Statistical report of school trustee 196 

Verified statement in annual report as to services rendered. . 68 

Resignation — 

Of trustee, filed with county- auditor 28 

Revenue — 

See special school revenue. 

Anticipating local tuition revenue . . . , 80 

School revenue, how expended 22 

Special school revenue. 82 

Road districts — 

Change of, by trustee 297 

Trustee to purchase tools and implements for 319 

Working road on district boundary line 326 

Road funds — 

Township road fund 142 

Transfer of surplus to special school fund 76 

Use of, for repairing tile drains 341 

Road moneys — 

To be paid to township trustee 322 



Township Teustees. 157 

Road receipts — Section 

Filing with county treasurer 314a 

Redemption by trustee 314a 

Roads — 

See highways. 

Definition of township road 328 

Machinery for > . . 54 

Road supervisors — 

Annual report to trustee 323 

Compensation 297 

Duty as to Canadian thistles 372 

To give notice to hands 315 

To keep roads in repair 306 

To turn over money, books and papers to successor in office 319 

Election of — Election board 297 

Employment of additional labor , 30 6 

Of persons to work on highways 302 

Failure to keep highway in repair — Penalty 318 

Issuance of certificate for excess of work performed 307 

Of receipts for work performed 314 

Making statement of persons who have worked out road tax. 314 

Neglect to repair highways 306 

Notice of election of 297 

Number and election of 297 

Overseers of work on roads 315 

Penalty for issuing false receipts for work 300 

For knowingly receiving inferior work on roads 327 

Place of election 297 

Qualification and bond 297 

Report to be audited by township trustee 324 

Requiring land owners to cut and destroy weeds, briars., etc., 

on highway 297a 

Responsible for care and safe keeping of tools of road dis- 
trict 325 

For negligent loss or damage to tools of road district 325 

Right to confiscate property for use on highway 308 

Term of office 297 

Time of election 297 

Of work 297 

To make inventory of tools and implements 325 

Under control and direction of trustee 297 

Vacancy filled by trustee 297 

Warning persons to work on roads 315 

Road tax — 

Levy of 314 

Of additional tax 314 

Paid into county treasury and repaid to the township trustee. 314 

Permission to work out $20.00 of 314 



158 Township Trustees. 

S 

Sale — Section 

Of schoolhouse 228 

Of school lands 145 

Of school property 22 9 

Notice of sale 229 

Of township property 142 

Record of proceeding to sell school lands 146 

Sanitary buildings — 

Requirements of act . 24 8 

Rules of state board of health 248 

School bonds — 

Sale of 199 

School books — 

Change in 152 

Depository — Qualifications 203 

Furnishing to poor children 201 

Number to be ordered by depository 203 

Sale of 203 

Selecting depository for 203 

Selling to depository 203 

Sufficiency of supply 204 

School buildings — 

Levy for construction of sanitary buildings 81 

Providing with fire escapes 32 

School children — 
See pupils. 

Enumeration of 210 

Giving aid to poor children 202 

Medical inspection of 187 

Transfer of . . . 215 

Tuition for transferred children 217 

School corporations — 

Settlements as to transfers 220 

Schools — 

See correctional schools; 
Joint graded schools; 
Private schools; 
Vocational schools. 

Adjournment to permit teachers to attend institute 270 

Centralized school — Transportation 226 

Change in text books . 152 

Compensation of school physician 187 

Compulsory education in correctional schools 224 

Establishment of joint graded schools 285 

For agriculture and domestic science 259 

Fuel and literary periodicals 53 

Incorporated town divided by county line 237 

Joint graded school— Election as to .... , ,.,,..,.,,. 289 



Township Trustees. 159 

Schools (Continued)— Section 

Levy for construction of sanitary school buildings 81 

Medical inspection of school children 187 

Providing janitor help 191 

Purchasing supplies by trustee 5 2, 53 

Re-establishment of temporarily abandoned school 235 

Special school revenue 8 2 

Teaching hygiene in the public schools 369 

Temporary discontinuance 235 

Tendering free use of building in incorporated towns 283 

Term of 190 

Transfer of pupils 215 

Transfer of pupils to schools of another state 21G 

Trustee furnishing attendance officer with names of children. 212 

Tuition for transferred pupils 217 

Tuition fund 79 

School directors — 

Appointment by trustee 240 

Election 240 

Duties of 241, 242 

Power to suspend refractory pupil 242 

Removal 240 

School districts- 
See joint school district. 

Abandonment of 233 

Abandoned district consolidated with another 234 

Consolidation of 234 

Establishment by trustees of two or more school corporations 281 

Expense of establishing joint district 282 

Joint school district 287 

Re-establishment of abandoned school district 233 

School for hoys — 

See correctional schools. 

School for girls — 

See correctional schools. 

School fund — 

See special school fund. 

Additions to 20 

Liability for deficiency money 209 

Transfer of surplus road fund to special school fund 76 

Schoolhouses — 

Apportionment of expense of maintaining joint schoolhouse. . 284 

As meeting place— Responsibility for damages 254 

Bids for repairs . 56 

Charge for use as meeting place 253 

In annexed territory 244 

Issuing township warrants or bonds in payment therefor. ... 77 

Joint schoolhouse, by two or more townships or counties. ... 286 

Expense of maintenance 284 



160 Township Trustees. 

Schoolhouses (Continued) — Section 

Money derived from sale of schoolhouse 228 

Penalty for neglect to clean 189 

Penalty for unlawful removal by trustee. 232 

Petition for repairs 241 

Plans and specifications 248 

Refusal as meeting place until damages have been paid 254 

Removal and relocation on order of county superintendent. . 230 

Removal — Prerequisites to superintendent's order of removal 231 

Sale of, by trustee 228 

Sanitary buildings 248 

Site for — How obtained 246 

Used for meeting place — Free light, heat and janitor service. 252 
Use for other purposes than private school and political and 

religious meetings 251 

Use for private school 249 

Use for religious or political meetings 250 

School lands- 
Care and custody of 143 

Contracts relating to school lands — Power of trustee 144 

Lease of 143 

Record of proceeding to sell 146 

Sale of 145 

Sale of — Duty of trustee 147 

Title to, in township 197 

School meetings — 

Who entitled to vote 241 

School officers — 

Empowered to administer oaths 200 

School physician — 

Compensation of 187 

Term of office 187 

School property — 

Appraisal of 236 

Petition for sale of 2 29 

Sale of — Appraisement — Notice 229 

Disposition of proceeds 229 

School revenue — 

Distribution of 214 

Incorporated town divided by county line 237 

School taxes — 

Apportionment by county auditor 239 

Release from special school tax 222 

School township — 

Conveyance to, by civil township 142a 

Property taken over on dissolution of board of trustees of in- 
corporated town 236 

Trustee of 8, 9 



Township Trustees. 161 

School trustee — Section 

See township trustee. 

Abandonment of school district '. 233 

Appointment of school physician 187 

Care and management of all property of school township. ... 191 

Conveyance of school property in annexed territory 244, 245 

Depository of school books 20 3 

Donations for erecting school buildings 19 8 

Duties as to transfer of pupils 215 

Duties of 18 6 

Duty to equip building for instruction in agriculture and do- 
mestic science, etc 261 

Duty to have sufficient supply of school books 204 

Duty to take enumeration 128 

Duty to transfer special school fund 83 

Employment of teachers 186 

Establishing graded high schools 18 6 

Establishing township high school 272 

Establishment of joint graded high schools 186 

Establishment of schools 186 

Estimate of amount of supplementary tuition fund required. . 7 9 
Failure to account for and turn over money and school books 

— Penalty 205 

Failure to file statistical report 196 

Filing with county superintendent list of transfers 214 

Furnishing attendance officer with names of children 212 

Furnishing books for poor children 201 

Furnishing transportation to centralized school 226 

Granting use of schoolhouse for private school 249 

Issuing warrants or bonds to pay for school building 7 7 

Joint school district — Establishment 281 

Levy of annual tax for supplementary tuition fund 79 

Levy for construction of sanitary school buildings 81 

Levy of special tax for construction and repair of school 

buildings 82 

Liability for failure to take enumeration 213 

Liability on bond for failure to file statistical report 19 6 

Unlawful removal of schoolhouse 232 

Neglect to clean schoolhouse 189 

Permitting use of schoolhouse for religious or political meet- 
ing 2 5 

Petition for raising revenue equal to donation 199 

Removal and relocation of schoolhouse 230 

Preventing waste of school lands. 144 

Prevention of contagious and infectious diseases 188 

Providing each school with United States flag 192 

Providing janitor help 191 

Providing place of entertainment and for teaching agriculture 

and domestic science 260 

Providing schoolhouses with furniture and school apparatus. 18 6 

11—4843 



162 Township Trustees. 

School trustee (Continued) — Section 

Re-establishment of abandoned school district 2 33 

Discontinued school 235 

Refusal to pay transfer tuition 218 

Report of school statistics 194 

Report to county superintendent 195 

Sale of school property — Conveyance or bill of sale 229 

School trustee, charge of educational affairs of township 18 6 

Tendering value of site for schoolhouse prior to action 247 

To take enumeration of school children . . 210 

When may issue township bonds in anticipation of revenue. . 198 

When township trustee controls schools in incorporated town 2 38 

Settlements — 

Between school corporations as to transfers. . ^ 220 

By trustee with county commissioners for relief furnished 

poor 178 

Legal settlement of poor persons 158 

Sinking fund — 

To pay funding bonds 106 

Site — 

For schoolhouse — How obtained 246 

Soldiers — 

Burial of ex-union soldiers and their widows 125 

Soldiers' monument — 

Appropriation by trustee for 127 

Tax levy for 127 

Special school fund — 

See school fund. 

Transfer of surplus road fund to 7 6 

Transfer to township fund 83 

Special school revenue — 

Money derived from sale of schoolhouse 228 

Proceeds of sale of school property. 229 

Special school tax — 

Release from 222 

Special tax — 

For construction and repair of school buildings and other nec- 
essary expenses 82 

For construction of sanitary school buildings 81 

For payment of debts 84 

Sanction by majority of legal voters of township 84 

Transfer of special fund 83 

Unpaid balances paid to trustee for township fund 100 

Specifications — 

See plans and specifications 55 

State board of accounts — 

Examination of trustee's books 103 



Township Trustees. 163 

State board of health— Section 

Supplying blanks to county health officers 185 

State board of truancy — 

Furnishing blanks to attendance officer 212 

State fire marshal — 

Duties of trustee as assistant state fire marshal 374 

State line — 

Work on road located on 32 6 

State superintendent of j>ublic instruction — 

Furnishing blanks to attendance officer. 212 

Stock — 

Trustee voting shares of railroad stock held by township. . . . 141 
Streams — 

Abutting owners to clean 129 

When duty of trustee to clean — Cost 129 

Sub-contractors — 

Filing claims with trustee 122 

Substitute — 

Working on highways 304 

Superintendent — 

See county superintendent; state superintendent. 

Appeals to county superintendents from trustees 27 

Supplies — 

Itemized estimates for bidders 53 

Purchase of school supplies by trustee 52, 53 

Road machinery and bridge and culvert materials 54 

Surety companies — 

Bonds executed by 15 

Premium, how paid 10a 

Surgical aid — 

For poor persons 159 

Surveyor — 

Compensation for services in cleaning and repairing drains. .334c 

Employment by township trustee 334c 

Report to trustee 334c 

Suspension — 

Appeal of suspended pupil to trustee 243 



T 

Taxation — 

' See road tax. 
Special tax. 

Annual levy by advisory board 7 7 

Collection of taxes 50 

Cost of erecting flood-gates collected as taxes 372 

Cost of removing Canadian thistles collected as taxes 372 

12—4843 



164 Township Tktjstees. 

Taxation (Continued) — Section 

Dog tax collected by assessor and paid to trustee 130 

Levy by trustees of supplementary tuition fund 79 

Levy for constructing sanitary school buildings 81 

Levy for emergency fund for repair to drains 334k 

Levy for enlargement of library 117, 118, 119 

Levy for maintenance of joint high school 277 

Levy for school purposes , 190 

Levy of road tax — Time of 314 

Levy of tax by township to reimburse county for aid furnished 

poor IS 3 

Levy of tax for township funds 50a 

Levy to equip and maintain room or building for instruction 

in agriculture or domestic science 261 

Levy to meet cost of joint graded schoolhouse . 292 

Local tuition tax — Custody and control 80 

Maximum of 82 

Rate of — Certification to county auditor 50 

Township taxes paid to trustee by county treasurer 99 

Trustee's compensation for building partition fence placed on 

tax duplicates 350 

Taxpayer — 

Right to attend meetings of advisory board 75 

Teachers — 

Allowance for attending institute 266, 269 

Contract of employment to be in writing 264 

Dismissal of — Notice 262 

Employment by trustee 262 

Employment in joint graded school 291 

Failure to furnish statistics to trustee — Penalty 194 

Forfeiture of wages for failure to attend institute 269 

Furnishing trustee with school statistics 194 

Institute — Requirement as to attendance 269 

License to teach, a prerequisite to employment 262 

Majority vote against employment of certain teacher 2 62 

Minimum wages 266 

Pay for services rendered 262 

Penalty for paying less than minimum wage 267 

Personal liability of trustee for services 263 

Record of contract of employment 265 

Special examination 268 

Term of employment 263 

Tender — 

By trustee of value of site for schoolhouse 247 

Term — 

Of office 4 

Text books — 

Change in . 152 



Township Tkustees. 165 

Thistles — Section 

Cost of removing Canadian thistles collected as taxes 372 

Duty to cut Canadian thistles 372 

Notice to owner of land to cut Canadian thistles 372 

Tile drains — 

Assessment on lands benefited by tile drains 334i, 334j 

Repair by township trustee 334i, 341 

Use of road funds for repairing 341 

Timber — 

Removal from new highway 310 

Use made of timber removed from new highway 310 

Township — 

Assessment to township of benefits to highway by construc- 
tion of drain..., 311b 

Ballots printed on yellow paper 362 

Boundaries of 6 

Canvass of vote for township officers 363 

Change in time of holding elections 358 

Charged with patient sent to county hospital of another 

county 184 

Contract with city as to accommodations in joint high school. 27 6 

Dividing , 5 

Duty of inspector at township election 363 

Elections governed by general law 361 

Erection and repair of bridges , 311 

Erection and repair of culverts 311 

Funding township indebtedness 106 

Joint high schools 275a 

Keeping separate tally papers for township elections 357 

Laying off, number and boundaries 5 

Levy of tax to reimburse county for aid furnished poor 183 

Liability as stockholder in railroad 140 

Liability for work or materials used on bridge, or for per- 
sonal injuries 331 

Liable for benefits arising from construction of ditch 333 

Maintaining joint high school with city or incorporated town. 274 

Number of . 8 

Paying expenses of local option election 110 

Procedure when more than one precinct in township 363 

Reimbursing county for aid furnished poor 183 

Separate ballot boxes for township ballots 362 

Suits by and against 8 

Two or more uniting to maintain public library 121 

Withdrawal from joint high school district — Interest in prop- 
erty 279 

Township fund — 

Unpaid balances of special taxes applied to 100 



166 Township Trustees. 

Township high school — Section 

Establishment of 271 

Establishment by trustee — Appeal to county superintendent. 273 

Petition for 272 

Supplemental act, as to establishment and maintenance 2 80 

Township indebtedness — 

Time of payment 50 

Township libraries — 

Care and management by county board of education 112 

Donation library — Tax levy for 117, 118 

In charge of trustee Ill 

Levy of tax for 113, 114, 120 

Order of county commissioners abolishing 115 

Rules prescribed by county board of education 152 

Vote on establishment of ...... 120 

Township library board — 

Free public library 121 

Powers and duties 121 

Township officers — 

Election and appointment of . . , 1 

Residence of 2 

Township property — 

Preservation of 52 

Sale of . 142 

Township road — 

Definition 328 

Township road fund — 

Money derived from sale of township property 142 

Township taxes — - 

Paid to trustee by county treasurer 99 

Township trustee — 

As trustee of schools, see school trustee. 

Accounting — Forms prepared by state board of accounts. ... 107 

To successor in office 21 

Acting as fire chief , 32 

. , Aid to poor — Limitation as to amount 163 

Allowance by county commissioners for relief furnished poor. 171 

Allowance for burial of soldiers , 126 

Amount and conditions of official bond 10a 

Amount of relief by, to poor . . 165 

Annual report to advisory board 67, 69 

Appeal from decision of 27 

Appeal when pauper has been sent to his township 176 

Appointment as depository for school books 203 

Approval of bond by county auditor 10 

Authority to borrow money 78 

Authority to change or vacate highway 293 



Township Trustees. 167 

Township trustee (Continued) — Section 
Authorized by advisory board to borrow money to meet emer- 
gency 77 

Binding out poor children 181 

Books and records open for public inspection 102 

Building partition fence — Apportionment of cost 349 

Burial of ex-union soldiers and their widows 125 

Burial of poor person 180 

Care and custody of school lands 143 

Care and maintenance of cemeteries 3 54 

Care and management of congressional township lands 191 

Care and management of township property 25 

Certification of deficiency in tuition to county superintendent 206 

Certifying cost of repair to drains 334j 

Cleaning and repairing drains 334a, 334b 

Clerk hire — Appropriation 73 

Collects assessments for repairs to drains .334p 

Compensation for building partition fence 350 

Compensation for overseeing work of cleaning and repairing 

drains 334r 

Compensation of 68 

Contracts by and with 8 

Contribution by township trustee to improvements instigated 

by citizens . 320 

Control over roads of township 297 

Conveyance by civil township to school township 142a 

Co-operation with relief society 167 

Death of — Delivery of books, etc., to successor 18 

Delivery by county auditor to trustee of list of road taxes in 

township 314 

Delivery of books, etc., to successor in office 18, 21 

Deposit of public money in depository selected by board of 

finance 87 

Disbursements by 22 

Duties as assistant state fire marshals 374 

Duties of in general 25 

Duty as to abandoned cemeteries 353 

Duty as to Canadian thistles 372 

Duty as to cleaning streams 129 

Duty as to sale of school lands 147 

Duty of township trustee to audit road supervisor's report. . . 324 

Duty of township trustee to construct flood-gates 365, 367 

Duty of township trustee to remove obstructions from drains 

334g, 334h 

Duty to endeavor to secure employment for poor 161 

Duty to establish emergency road repair fund 320 

Duty to file verified statement of funds deposited 87 

Duty to keep financial record 26 

Duty to poor children bound out 181 

Duty to provide tools and implements for road districts 319 



168 Township Trustees. 

Township trustee (Continued) — Section 

Duty to preserve township property 52 

Duty to receive pauper removed to his township by judgment 

of justice 177 

Duty to repair fish ladders 370 

Duty to trim township-line hedge fence 343 

Duty upon completion of partition fence or repair of same. . . 350 

Eligibility to office of 7 

Employment of attorney to defend township 105 

Employment of surveyor with reference to cleaning and re- 
pairing drains , . . . . 334c 

Establishment of emergency fund for repair to drains 334j 

Examination of books by state board of accounts 103 

Ex-officio trustee of donation library 116 

Extension of term of office 359 

Failure to account and pay over money 48 

Failure to collect dog tax or report delinquent dog owners. . . 46 
Failure to file copy of report and vouchers with county auditor 70 

Failure to give bond. .,. 13 

Failure to qualify and serve — Penalty 19 

Furnishing transportation for non-resident poor 169 

Giving notice of days set apart for official business 23 

Granting permission to plant hedge fence along highway. . . . 346 

In charge of township libraries Ill 

Inspection of books and accounts of 96, 97 

Inspector of elections 355 

Investigation of circumstances of patient admitted to hospital 184 

Upon demand for relief of poor 160, 161 

Letting contracts for improvements 51 

Letting work to lowest responsible bidder 316 

Levy of "courthouse and jail tax" 123 

Levy of library tax 117, 118, 119 

Levy of special tax for payment of debts 84 

Liability for deficiency money. .......' 209 

Must attend all meetings of advisory board 73 

Neglect of duties — Penalty 20 

No personal liability for building partition fences 351 

Notice to road supervisor of new highway, or change in road. 294 

Not liable for deposit 95 

Office rent — Appropriation 73 

Orders and allowances by 22 

Overseer of poor , 156, 159 

Paying cost of removing obstructions from drains 334g 

Payment for public buildings 122 

Penalty for failure to perform duty 36 

Failure to account to or pay over money to his successor. . 33 
Failure of trustee to have cleaning and repair work on 
drains done in accordance with the statute. ...... .334f, 334h 

Failure to make deposit. . 94b 

Knowingly receiving inferior work on roads. 327 



Township Trustees. 169 

Township trustee (Continued) — Section 

Neglecting duty to trim hedge fence 345 

Refusal to pay just claim 39 

Violating poor laws , 170 

Perpetrating fraud at election 40, 41, 42, 43, 44 

Plans and specifications for schoolhouses 55 

Prerequisites to granting relief to poor 166 

Power as to contracts relating to school lands 144 

Power to administer oaths 321, 334m 

Power to contract 77 

Proceedings for collection of assessment for repair to drains. .334p 

Procurement of labor for non-resident indigent persons 168 

Provision for transportation of tuberculosis patient to hos- 
pital 184 

Publication of receipts and expenditures 72, 104 

Purchase of school furniture and supplies. . 52, 53 

Receipt and distribution of moneys belonging to township. 25, 2 6 

Receipts by 22 

Record of relief to poor 171 

Records of official proceedings 25 

Records to be kept by 22 

Redemption of road receipts not filed with county treasurer. .314a 

Removal for fraud 98 

Removal from office 94b 

Removal from township 18 

Removal of assistant enumerators 128 

Report of annual income from school lands 14 3 

As to poor children bound out 181 

Burial of soldiers , 126 

Delinquent dog owners to prosecuting attorney 131 

Dog fund to county auditor 134 

Report remains in custody of chairman of advisory board. ... 69 

Report to, by road supervisor 323 

Report — Verification 67 

Required to make quarterly examination of justices' dockets. 31 

Resignation of 28 

Road moneys to be paid to 322 

Sale of school lands 145 

Settlement with county commissioners for relief furnished 

poor 178 

Statement to advisory board at annual meeting of assessed 

valuation of taxable property and number of polls 74 

Advisory board of estimates and amounts 74 

County commissioners where relief exceeds $15 164 

Suing for failure to pay or work on highway 303 

Supplying poor persons with antitoxine 185 

Temporary aid to non-residents, sick, aged or cripple 168 

Temporary relief to non-resident sick or person in distress. . . 180 

Term of office — When begins 364 



170 Township Trustees. 

Township trustee (Continued) — Section 

Time of making settlement with county commissioners as to 

aid furnished poor 179 

To act as assistant state fire marshal 373 

To determine improvements to be made in highways 320 

To furnish meals for election officers , 356 

To have charge of cleaning and repair work on drains 334f 

To make repairs on bridges 295 

To oversee and supervise work of cleaning and repairing 

drains , 334r 

Township trustee has supervision of drains 334a 

Uncertainty as to legal residence of poor 173 

Unexpended funds 69 

Unlawful interest in public contracts 38 

Vacancy in office of, how filled 29 

Verified statement as to services rendered 68 

Voting shares of stock in railroad 141 

When duty to construct fish ladders 370 

When must build partition fence 34 8 

Transfer — 

Of dependent children to orphans' home 233 

Of pupils 215 

Of pupils to adjoining county — Payment for 222 

Of pupils to Indianapolis schools — Tuition, when reduced. . . . 221 

Of pupils to school in another state 216 

Of special school fund to township fund 83 

Of surplus of free gravel road fund 101 

Of surplus road fund to special school fund 76 

Refusal of trustee to pay transfer tuition 218 

Refusal to transfer — Appeal county superintendent 219 

Settlements between school corporations as to transfers 22 

Time of payment of tuition for transfer 218 

To centralized school — Transportation 226 

To orphans' home — Tuition 225 

Transportation — 

Of pupils — Duty of trustee to provide 226, 227 

Of pupils — How expenses to be paid 227 

Of pupils — Kind of conveyances 227 

Trustee furnishing for non-resident poor 169 

Tuition — 

Deficiency for school purposes. ., 206 

For transferred pupils 217 

For transfer — Time of payment , 218 

Local tuition tax — Charge and control of funds 8 

On transfer to orphans' home. 225 

Payment of transfer tuition 220 

Tuition fund — 

Supplying deficiency 207 

Use to be made of deficiency money 208 



Township Trustees. 171 

v 

Vacancy — Section 

In office of trustee 13 

How filled 29 

Verification — 

Of report of trustee 67 

Of vouchers 67 

Vocational schools — 

Advisory committee 257 

Compulsory attendance — Age of pupils 258 

Time of attendance 258 

Establishment of in township 255 

How maintained 255 

Joint maintenance by two or more school corporations 25 6 

Joint schools — Board of management 256 

Reimbursement of township, town or school city 258 

Subjects of instruction 255 

Vote — 

On question of public aid to railroad 137, 138 

Of township library 120 

Vouchers — 

Of items of expenditure 67 

With copy of trustee's report filed with county auditor. ... 69, 70 

w 

Wages — 

Minimum wages of teachers 266 

AVarrants — 

Advertising sale of 7 7 

Issuance by school corporation . 278 

Waste — 

Preventing waste of school lands 144 

AVaters and water courses — 

Abutting owners to clean . 129 

Remonstrance to petition for flood-gates 366 

When duty of township trustee to construct flood-gates 3 65 

Of trustee to clean — Cost 129 

Withdrawal — 

Of township from joint high school 279 

Work — 

Letting repair work to lowest responsible bidder 316 

On highways 298 

With team 299 

On road on district boundary line 326 

Persons exempt from work on highways 298 



LIBRARY OF 



CONGRESS 



n , A Ill 

021 051 830 7 



